§ 7107. — Appeals: dockets; hearings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC7107]
TITLE 38--VETERANS' BENEFITS
PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
CHAPTER 71--BOARD OF VETERANS' APPEALS
Sec. 7107. Appeals: dockets; hearings
(a)(1) Except as provided in paragraphs (2) and (3) and in
subsection (f), each case received pursuant to application for review on
appeal shall be considered and decided in regular order according to its
place upon the docket.
(2) A case referred to in paragraph (1) may, for cause shown, be
advanced on motion for earlier consideration and determination. Any such
motion shall set forth succinctly the grounds upon which the motion is
based. Such a motion may be granted only--
(A) if the case involves interpretation of law of general
application affecting other claims;
(B) if the appellant is seriously ill or is under severe
financial hardship; or
(C) for other sufficient cause shown.
(3) A case referred to in paragraph (1) may be postponed for later
consideration and determination if such postponement is necessary to
afford the appellant a hearing.
(b) The Board shall decide any appeal only after affording the
appellant an opportunity for a hearing.
(c) A hearing docket shall be maintained and formal recorded
hearings shall be held by such member or members of the Board as the
Chairman may designate. Such member or members designated by the
Chairman to conduct the hearing shall, except in the case of a
reconsideration of a decision under section 7103 of this title,
participate in making the final determination of the claim.
(d)(1) An appellant may request that a hearing before the Board be
held at its principal location or at a facility of the Department
located within the area served by a regional office of the Department.
(2) A hearing to be held within an area served by a regional office
of the Department shall (except as provided in paragraph (3)) be
scheduled to be held in accordance with the place of the case on the
docket under subsection (a) relative to other cases on the docket for
which hearings are scheduled to be held within that area.
(3) A hearing to be held within an area served by a regional office
of the Department may, for cause shown, be advanced on motion for an
earlier hearing. Any such motion shall set forth succinctly the grounds
upon which the motion is based. Such a motion may be granted only--
(A) if the case involves interpretation of law of general
application affecting other claims;
(B) if the appellant is seriously ill or is under severe
financial hardship; or
(C) for other sufficient cause shown.
(e)(1) At the request of the Chairman, the Secretary may provide
suitable facilities and equipment to the Board or other components of
the Department to enable an appellant located at a facility within the
area served by a regional office to participate, through voice
transmission or through picture and voice transmission, by electronic or
other means, in a hearing with a Board member or members sitting at the
Board's principal location.
(2) When such facilities and equipment are available, the Chairman
may afford the appellant an opportunity to participate in a hearing
before the Board through the use of such facilities and equipment in
lieu of a hearing held by personally appearing before a Board member or
panel as provided in subsection (d). Any such hearing shall be conducted
in the same manner as, and shall be considered the equivalent of, a
personal hearing. If the appellant declines to participate in a hearing
through the use of such facilities and equipment, the opportunity of the
appellant to a hearing as provided in such subsection (d) shall not be
affected.
(f) Nothing in this section shall preclude the screening of cases
for purposes of--
(1) determining the adequacy of the record for decisional
purposes; or
(2) the development, or attempted development, of a record found
to be inadequate for decisional purposes.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1242, Sec. 4006; renumbered
Sec. 4007, Pub. L. 87-666, Sec. 1, Sept. 19, 1962, 76 Stat. 553;
renumbered Sec. 7107, Pub. L. 102-40, title IV, Sec. 402(b)(1), May 7,
1991, 105 Stat. 238; Pub. L. 103-271, Sec. 7(a)(1), July 1, 1994, 108
Stat. 742; Pub. L. 103-446, title III, Sec. 303, Nov. 2, 1994, 108 Stat.
4658; Pub. L. 105-368, title X, Sec. 1003, Nov. 11, 1998, 112 Stat.
3363.)
Amendments
1998--Subsec. (a)(1). Pub. L. 105-368, Sec. 1003(a)(1), inserted
``in paragraphs (2) and (3) and'' after ``Except as provided''.
Subsec. (a)(2). Pub. L. 105-368, Sec. 1003(a)(2), added second and
third sentences and struck out former second sentence which read as
follows: ``Any such motion shall set forth succinctly the grounds upon
which it is based and may not be granted unless the case involves
interpretation of law of general application affecting other claims or
for other sufficient cause shown.''
Subsec. (a)(3). Pub. L. 105-368, Sec. 1003(a)(3), added par. (3).
Subsec. (d)(2). Pub. L. 105-368, Sec. 1003(b)(1), substituted ``in
accordance with the place of the case on the docket under subsection (a)
relative to other cases on the docket for which hearings are scheduled
to be held within that area.'' for ``in the order in which requests for
hearings within that area are received by the Department.''
Subsec. (d)(3). Pub. L. 105-368, Sec. 1003(b)(2), added par. (3) and
struck out former par. (3) which read as follows: ``In a case in which
the Secretary is aware that the appellant is seriously ill or is under
severe financial hardship, a hearing may be scheduled at a time earlier
than would be provided for under paragraph (2).''
1994--Pub. L. 103-446 substituted ``Except as provided in subsection
(f), each case'' for ``Each case'' in subsec. (a)(1) and added subsec.
(f).
Pub. L. 103-271 amended section generally. Prior to amendment, text
read as follows: ``All cases received pursuant to application for review
on appeal shall be considered and decided in regular order according to
their places upon the docket; however, for cause shown a case may be
advanced on motion for earlier consideration and determination. Every
such motion shall set forth succinctly the grounds upon which it is
based. No such motion shall be granted except in cases involving
interpretation of law of general application affecting other claims, or
for other sufficient cause shown.''
1991--Pub. L. 102-40 renumbered section 4007 of this title as this
section.
1962--Pub. L. 87-666 renumbered section 4006 of this title as this
section.
