View all text of Chapter 71 [§ 7101 - § 7113]
§ 7107. Appeals: dockets; hearings
(a)Dockets.—
(1) Subject to paragraph (2), the Board shall maintain at least two separate dockets.
(2) The Board may not maintain more than two separate dockets unless the Board notifies the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives of any additional docket, including a justification for maintaining such additional docket.
(3)
(A) The Board may assign to each docket maintained under paragraph (1) such cases as the Board considers appropriate, except that cases described in clause (i) of subparagraph (B) may not be assigned to any docket to which cases described in clause (ii) of such paragraph are assigned.
(B) Cases described in this paragraph are the following:
(i) Cases in which no Board hearing is requested.
(ii) Cases in which a Board hearing is requested in the notice of disagreement.
(4) Except as provided in subsection (b), each case before the Board will be decided in regular order according to its respective place on the docket to which it is assigned by the Board.
(b)Advancement on the Docket.—
(1) A case on one of the dockets of the Board maintained under subsection (a) may, for cause shown, be advanced on motion for earlier consideration and determination.
(2) Any such motion shall set forth succinctly the grounds upon which the motion is based.
(3) 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.
(c)Manner and Scheduling of Hearings for Cases on a Docket That May Include a Hearing.—
(1) For cases on a docket maintained by the Board under subsection (a) that may include a hearing, in which a hearing is requested in the notice of disagreement, the Board shall notify the appellant whether a Board hearing will be held—
(A) at its principal location; or
(B) by picture and voice transmission at a facility of the Department where the Secretary has provided suitable facilities and equipment to conduct such hearings.
(2)
(A) Upon notification of a Board hearing at the Board’s principal location as described in subparagraph (A) of paragraph (1), the appellant may alternatively request a hearing as described in subparagraph (B) of such paragraph or subparagraph (C) of this paragraph. If so requested, the Board shall grant such request.
(B) Upon notification of a Board hearing by picture and voice transmission as described in subparagraph (B) of paragraph (1), the appellant may alternatively request a hearing as described in subparagraph (A) of such paragraph or subparagraph (C) of this paragraph. If so requested, the Board shall grant such request.
(C)
(i) Upon notification of a Board hearing under subparagraph (A) or (B) of paragraph (1), the appellant may alternatively request a hearing by picture and voice transmission—(I) at a location selected by the appellant; and(II) via a secure internet platform established and maintained by the Secretary that protects sensitive personal information from a data breach.
(ii) If an appellant makes a request under clause (i), the Board shall grant such request.
(d)Screening of Cases.—Nothing in this section shall be construed to 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.
(e)Policy on Changing Dockets.—The Secretary shall develop and implement a policy allowing an appellant to move the appellant’s case from one docket to another docket.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1242, § 4006; renumbered § 4007, Pub. L. 87–666, § 1, Sept. 19, 1962, 76 Stat. 553; renumbered § 7107, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 103–271, § 7(a)(1), July 1, 1994, 108 Stat. 742; Pub. L. 103–446, title III, § 303, Nov. 2, 1994, 108 Stat. 4658; Pub. L. 105–368, title X, § 1003, Nov. 11, 1998, 112 Stat. 3363; Pub. L. 114–315, title I, § 102, Dec. 16, 2016, 130 Stat. 1540; Pub. L. 115–55, § 2(t), Aug. 23, 2017, 131 Stat. 1112; Pub. L. 116–137, § 2(a), Apr. 10, 2020, 134 Stat. 616.)