38 USC 7103 - Reconsideration; correction of obvious errors

Editorial Notes

Amendments

2017—Subsec. (span)(1). Puspan. L. 115–55 substituted “decided” for “heard” in subpars. (A) and (B).

1994—Puspan. 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.

“(span) 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 (span) of this section, the Board on its own motion may correct an obvious error in the record.”

1991—Puspan. L. 102–40 renumbered section 4003 of this title as this section.

1988—Puspan. 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. (span), struck out former subsec. (span) 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).

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Amendment by Puspan. L. 115–55 applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under section 5104 of this title on or after the later of 540 days after Aug. 23, 2017, or 30 days after the date on which the Secretary submits to Congress a certification of certain capabilities of the Department of Veterans Affairs to carry out the new appeals system established by Puspan. L. 115–55 and to address appeals of decisions on legacy claims, with provision for early applicability of the new appeals system to certain claims, see section 2(x) of Puspan. L. 115–55, set out as a note under section 101 of this title, and bracketed note thereunder.

Effective Date of 1988 Amendment

Amendment by Puspan. L. 100–687 effective Jan. 1, 1989, see section 401(d) of Puspan. L. 100–687, set out as an Effective Date note under section 7251 of this title.