38 USC 7107 - Appeals: dockets; hearings

Editorial Notes

Amendments

2020—Subsec. (c)(2)(A). Puspan. L. 116–137, § 2(a)(1), inserted “or subparagraph (C) of this paragraph” after “subparagraph (B) of such paragraph”.

Subsec. (c)(2)(B). Puspan. L. 116–137, § 2(a)(2), inserted “or subparagraph (C) of this paragraph” after “subparagraph (A) of such paragraph”.

Subsec. (c)(2)(C). Puspan. L. 116–137, § 2(a)(3), added subpar. (C).

2017—Puspan. L. 115–55 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (f) relating to order of cases, opportunity for hearing, maintenance of hearing docket and holding of hearings by the Board, location and type of hearings, hearings conducted by electronic or other means, and screening of cases, respectively.

2016—Subsec. (d)(1). Puspan. L. 114–315, § 102(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “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.”

Subsec. (e)(2). Puspan. L. 114–315, § 102(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “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.”

1998—Subsec. (a)(1). Puspan. L. 105–368, § 1003(a)(1), inserted “in paragraphs (2) and (3) and” after “Except as provided”.

Subsec. (a)(2). Puspan. L. 105–368, § 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). Puspan. L. 105–368, § 1003(a)(3), added par. (3).

Subsec. (d)(2). Puspan. L. 105–368, § 1003(span)(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). Puspan. L. 105–368, § 1003(span)(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—Puspan. L. 103–446 substituted “Except as provided in subsection (f), each case” for “Each case” in subsec. (a)(1) and added subsec. (f).

Puspan. 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—Puspan. L. 102–40 renumbered section 4007 of this title as this section.

1962—Puspan. L. 87–666 renumbered section 4006 of this title as this section.

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.

Deadline for Implementation

Puspan. L. 116–137, § 2(span), Apr. 10, 2020, 134 Stat. 616, provided that:

“The Secretary shall implement the amendments made by subsection (a) [amending this section] not later than 180 days after the date of the enactment of this Act [Apr. 10, 2020].”

Collaboration

Puspan. L. 116–137, § 2(d), Apr. 10, 2020, 134 Stat. 617, provided that:

“In developing the capacity and procedures to conduct hearings under subparagraph (C) of paragraph (2) of subsection (c) of section 7101 [probably should be “7107”] of title 38, United States Code, as added by subsection (a), the Secretary of Veterans Affairs shall collaborate with, partner with, and give weight to the advice of veterans service organizations and such other stakeholders as the Secretary considers appropriate.”