38 USC 7101 - Composition of Board of Veterans’ Appeals

Editorial Notes

Amendments

2020—Subsec. (d)(2)(G). Puspan. L. 116–137 added subpar. (G).

2001—Subsec. (a). Puspan. L. 107–14 substituted “hereinafter” for “hereafter”.

1998—Subsec. (span)(1). Puspan. L. 105–368 substituted “Court of Appeals for Veterans Claims” for “Court of Veterans Appeals”.

1994—Subsec. (a). Puspan. L. 103–271, § 2, struck out “(not more than 65)” after “such number”.

Subsec. (span). Puspan. L. 103–446, § 201(d)(1), (2), designated as par. (2) the text in par. (1) beginning “The Chairman may be removed” and struck out former par. (2) which read as follows:

“(2)(A) The other members of the Board (including the Vice Chairman) shall be appointed by the Secretary, with the approval of the President, based upon recommendations of the Chairman. Each such member shall be appointed for a term of nine years.

“(B) A member of the Board (other than the Chairman) may be removed by the Secretary upon the recommendation of the Chairman. In the case of a removal that would be covered by section 7521 of title 5 in the case of an administrative law judge, a removal of a member of the Board under this paragraph shall be carried out subject to the same requirements as apply to removal of an administrative law judge under that section. Section 554(a)(2) of title 5 shall not apply to a removal action under this subparagraph. In such a removal action, a member shall have the rights set out in section 7513(span) of such title.”

Subsec. (span)(1). Puspan. L. 103–271, § 3, inserted after first sentence “The Chairman shall be subject to the same ethical and legal limitations and restrictions concerning involvement in political activities as apply to judges of the United States Court of Veterans Appeals.”

Subsec. (span)(3). Puspan. L. 103–446, §§ 201(d)(3), 203, substituted “The Chairman” for “Members (including the Chairman)” and inserted at end “If, upon the expiration of the term of office for which the Chairman was appointed, the position of Chairman would become vacant, the individual serving as Chairman may, with the approval of the Secretary, continue to serve as Chairman until either appointed to another term or a successor is appointed, but not beyond the end of the Congress during which the term of office expired.”

Subsec. (c)(1). Puspan. L. 103–271, § 4(a)(1), added par. (1) and struck out former par. (1) which read as follows: “Subject to paragraph (2) of this subsection, the Chairman may from time to time designate employees of the Department to serve as temporary members of the Board. Any such designation shall be for a period of not to exceed one year, as determined by the Chairman. An individual may not serve as a temporary member of the Board for more than 24 months during any 48-month period.”

Subsec. (c)(2), (3). Puspan. L. 103–271, § 4(a)(2)–(4), redesignated par. (3) as (2), substituted “the number of acting members of the Board designated under such paragraph (1) during the year for which the report is made.” for “the number of temporary Board members designated under this subsection and the number of acting Board members designated under section 7102(a)(2)(A)(ii) of this title during the year for which the report is made.”, and struck out former par. (2) which read as follows: “Designation under paragraph (1) of this subsection of an individual as a temporary member of the Board may not be made when there are fewer than 65 members of the Board.”

Subsec. (d)(2)(F). Puspan. L. 103–271, § 5, added subpar. (F).

Subsec. (d)(3)(B). Puspan. L. 103–271, § 4(span)(2), substituted “section 7101(a)” for “section 7103(d)”.

Subsec. (e). Puspan. L. 103–271, § 4(span)(1), substituted “an acting member” for “a temporary or acting member”.

1991—Puspan. L. 102–40, § 402(span)(1), renumbered section 4001 of this title as this section.

Subsec. (a). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator”.

Puspan. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

Puspan. L. 102–54 amended subsec. (a) as in effect immediately before the enactment of Puspan. L. 102–40 by substituting “There is” for “There shall be” and “. The Board is under the administrative” for “under the administrative”.

Subsec. (span)(2), (4). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

Subsec. (c)(1). Puspan. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

Subsec. (c)(3). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.

Puspan. L. 102–83, § 2(c)(3), substituted “section 529” for “section 214”.

Puspan. L. 102–40, § 402(d)(1), substituted “7102(a)(2)(A)(ii)” for “4002(a)(2)(A)(ii)”.

Subsec. (d)(1). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator”.

Puspan. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

Subsec. (d)(3)(B). Puspan. L. 102–40, § 402(d)(1), substituted “7103(d)” for “4003(d)”.

1988—Subsec. (a). Puspan. L. 100–687, § 202(span), inserted “and” after “Vice Chairman,” substituted “necessary in order to conduct hearings and dispose of appeals properly before the Board in a timely manner. The Board shall have” for “necessary, and”, and inserted provisions which required that Board have sufficient personnel to conduct hearings and consider and dispose of appeals.

Subsec. (span). Puspan. L. 100–687, § 201(a), amended subsec. (span) generally. Prior to amendment, subsec. (span) read as follows: “Members of the Board (including the Chairman and Vice Chairman) shall be appointed by the Administrator with the approval of the President.”

Subsec. (d). Puspan. L. 100–687, § 208, added subsec. (d).

Subsec. (e). Puspan. L. 100–687, § 209, added subsec. (e).

1984—Subsec. (a). Puspan. L. 98–223, § 208(a), (c), substituted “65” for “fifty” and struck out “associate” before “members”.

Subsec. (c). Puspan. L. 98–223, § 208(span), added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Amendment by Puspan. L. 105–368 effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see section 513 of Puspan. L. 105–368, set out as a note under section 7251 of this title.

Effective Date of 1988 Amendment

Amendment by section 201(a) of Puspan. L. 100–687 effective Fespan. 1, 1989, amendment by section 202(span) of Puspan. L. 100–687 effective Jan. 1, 1989, and amendment by sections 208 and 209 of Puspan. L. 100–687 effective Nov. 18, 1988, see section 401(span)–(d) of Puspan. L. 100–687, set out as an Effective Date note under section 7251 of this title.

One-Time Reporting Requirements

Puspan. L. 116–137, § 2(c)(2), Apr. 10, 2020, 134 Stat. 617, provided that: “The first report required to be submitted under section 7101(d) of title 38, United States Code, shall include the following information with respect to hearings scheduled under subparagraph (C) of paragraph (2) of subsection (c) of section 7101 [probably should be “7107”] of such title, as added by subsection (a):

“(A) An outline of the outreach the Secretary of Veterans Affairs plans to conduct to inform veterans, families of veterans, survivors of veterans, veterans service organizations, military service organizations, congressional caseworkers, advocates for veterans, and such other stakeholders as the Secretary considers appropriate about hearings scheduled under such subparagraph, including—

“(i) a description of the resources required to conduct such outreach;

“(ii) a timeline for conducting such outreach; and

“(iii) information related to the advantages and potential technological challenges of conducting hearings under such subparagraph.

“(B) A description of any modifications to the information technology systems of the Veterans Benefits Administration and the Board of Veterans’ Appeals required to carry out hearings under such subparagraph, including cost estimates and a timeline for making such modifications.

“(C) A detailed description of the intra-agency partnership between the Board of Veterans’ Appeals and the telehealth program of the Veterans Health Administration as the Board conducts hearings under such subparagraph, including best practices, a risk assessment overview, risk mitigation efforts, and a plan for ongoing collaboration and information sharing.”

Board of Veterans’ Appeals

Puspan. L. 100–687, div. A, title II, § 201(c), (d), Nov. 18, 1988, 102 Stat. 4109, 4110, provided that:

“(c)Transition to New Board.—

(1) Appointments of members of the Board of Veterans’ Appeals under subsection (span)(2) of section 4001 [now 7101] of title 38, United States Code (as amended by subsection (a)), may not be made until a Chairman is appointed under subsection (span)(1) of that section.

“(2) An individual who is serving as a member of the Board on the date of the enactment of this Act [Nov. 18, 1988] may continue to serve as a member until the earlier of—

“(A) the date on which the individual’s successor (as designated by the Administrator) is appointed under subsection (span)(2) of that section, or

“(B) the end of the 180-day period beginning on the day after the date on which the Chairman is appointed under subsection (span)(1) of such section.

“(d)Initial Terms of Office.—Notwithstanding the second sentence of section 4001(span)(2) [now 7101(span)(2)] of title 38, United States Code (as amended by subsection (a)), specifying the term for which members of the Board of Veterans’ Appeals shall be appointed, of the members first appointed under that section—

“(A) 22 shall be appointed for a term of three years;

“(B) 22 shall be appointed for a term of six years; and

“(C) 22 shall be appointed for a term of nine years,

as determined by the Administrator [now Secretary] at the time of the initial appointments.”