§ 7103. — Reconsideration; correction of obvious errors.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC7103]
TITLE 38--VETERANS' BENEFITS
PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
CHAPTER 71--BOARD OF VETERANS' APPEALS
Sec. 7103. Reconsideration; correction of obvious errors
(a) The decision of the Board determining a matter under section
7102 of this title is final unless the Chairman orders reconsideration
of the decision in accordance with subsection (b). Such an order may be
made on the Chairman's initiative or upon motion of the claimant.
(b)(1) Upon the order of the Chairman for reconsideration of the
decision in a case, the case shall be referred--
(A) in the case of a matter originally heard by a single member
of the Board, to a panel of not less than three members of the
Board; or
(B) in the case of a matter originally heard by a panel of
members of the Board, to an enlarged panel of the Board.
(2) A panel referred to in paragraph (1) may not include the member,
or any member of the panel, that made the decision subject to
reconsideration.
(3) A panel reconsidering a case under this subsection shall render
its decision after reviewing the entire record before the Board. The
decision of the panel shall be made by a majority vote of the members of
the panel. The decision of the panel shall constitute the final decision
of the Board.
(c) The Board on its own motion may correct an obvious error in the
record, without regard to whether there has been a motion or order for
reconsideration.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1241, Sec. 4003; Pub. L. 100-
687, div. A, title II, Sec. 202(a), Nov. 18, 1988, 102 Stat. 4110;
renumbered Sec. 7103, Pub. L. 102-40, title IV, Sec. 402(b)(1), May 7,
1991, 105 Stat. 238; Pub. L. 103-271, Sec. 6(a), July 1, 1994, 108 Stat.
741.)
Amendments
1994--Pub. L. 103-271 amended section generally. Prior to amendment,
text read as follows:
``(a) Decisions by a section of the Board shall be made by a
majority of the members of the section. The decision of the section is
final unless the Chairman orders reconsideration of the case.
``(b) If the Chairman orders reconsideration in a case, the case
shall upon reconsideration be heard by an expanded section of the Board.
When a case is heard by an expanded section of the Board after such a
motion for reconsideration, the decision of a majority of the members of
the expanded section shall constitute the final decision of the Board.
``(c) Notwithstanding subsections (a) and (b) of this section, the
Board on its own motion may correct an obvious error in the record.''
1991--Pub. L. 102-40 renumbered section 4003 of this title as this
section.
1988--Pub. L. 100-687, in amending section generally, added subsec.
(a), struck out former subsec. (a) which provided that determination of
section, when unanimous, be final determination of Board, added subsec.
(b), struck out former subsec. (b) which provided that when there is
disagreement among members of section, concurrence of Chairman with
majority of members of section shall constitute final determination of
Board, and added subsec. (c).
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-687 effective Jan. 1, 1989, see section
401(d) of Pub. L. 100-687, set out as an Effective Date note under
section 7251 of this title.
Section Referred to in Other Sections
This section is referred to in section 7107 of this title.
