Sec. 7107. Appeals: Dockets; Hearings

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[Laws in effect as of January 7, 2003]

[Document not affected by Public Laws enacted between

January 7, 2003 and December 19, 2003]

[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

© 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.

© 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

© 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.

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