Calendar No. 413

103D CONGRESS

2D SESSION S. 1904

A BILL

To amend title 38, United States Code, to improve

Veterans’ Appeals.the organization and procedures of the Board of

APRIL 14 (legislative day, APRIL 11), 1994

Reported with amendments
II

Calendar No. 413

103D CONGRESS

2D SESSION S. 1904

To amend title 38, United States Code, to improve the organization and

procedures of the Board of Veterans’ Appeals.

IN THE SENATE OF THE UNITED STATES

MARCH 8 (legislative day, FEBRUARY 22), 1994

Mr. ROCKEFELLER (for himself, Mr. MURKOWSKI, Mr. DECONCINI, Mr. GRAHAM, Mr. AKAKA, Mr. DASCHLE, Mr. CAMPBELL, and Mr. WELLSTONE)

introduced the following bill; which was read twice and referred to the

Committee on Veterans’ Affairs

APRIL 14 (legislative day, APRIL 11), 1994

Reported by Mr. ROCKEFELLER, with amendments

[Omit the part struck through and insert the part printed in italic]

A BILL

To amend title 38, United States Code, to improve the

organization and procedures of the Board of Veterans’

Appeals.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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•S 1904 RS

1 SECTION 1. ORGANIZATION AND PROCEDURES OF BOARD

2 OF VETERANS’ APPEALS.

3 (a) NUMBER OF MEMBERS.—Subsection (a) of sec4 tion 7101 of title 38, United States Code, is amended by

5 striking out ‘‘(not more than 65)’’.

6 (b) ACTING AND TEMPORARY MEMBERS.—(1) Such

7 section is further amended—

8 (1) in subsection (c)—

9 (A) by striking out paragraph (1) and in10 serting in lieu thereof the following new para11 graph (1):

12 ‘‘(1)(A) The Chairman may from time to time des13 ignate one or more employees of the Department to serve

14 as acting members of the Board. Except as provided in

15 subparagraph (B), any such designation shall be for a pe16 riod not to exceed 90 days, as determined by the Chair17 man.

18 ‘‘(B) An individual designated as an acting member

19 of the Board may continue to serve as an acting member

20 of the Board in the making of any determination on a

21 proceeding for which the individual was designated as an

22 acting member of the Board, notwithstanding the termi23 nation of the period of designation of the individual as

24 an acting member of the Board under subparagraph (A)

25 or (C).
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1 ‘‘(C) An individual may not serve as an acting mem2 ber of the Board for more than 270 days during any 1-

3 year period.’’;

4 (B) by striking out paragraph (2);

5 (C) by redesignating paragraph (3) as

6 paragraph (2); and

7 (D) in paragraph (2), as so redesignated,

8 by striking out ‘‘the number of temporary

9 Board members’’ and all that follows through

10 the period at the end and inserting in lieu

11 thereof ‘‘the number of acting members of the

12 Board designated under such paragraph (1)

13 during the year for which the report is made.’’;

14 and

15 (2) in subsection (e), by striking out ‘‘a tem16 porary or’’ and inserting in lieu thereof ‘‘an’’.

17 (c) REPORT ON BOARD ACTIVITIES.—Subsection (d)

18 of such section is amended—

19 (1) in paragraph (2)—

20 (A) by striking out ‘‘and’’ at the end of

21 subparagraph (D);

22 (B) by striking out the period at the end

23 of subparagraph (E) and inserting in lieu there24 of ‘‘; and’’; and
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1 (C) by adding at the end the following new

2 subparagraph:

3 ‘‘(F) the number of employees of the Depart4 ment designated under subsection (c)(1) of this sec5 tion to serve as acting members of the Board during

6 that year and the number of cases in which each

7 such member participated during that year.’’; and

8 (2) in paragraph (3)(B), by striking out ‘‘as re9 quired by section 7103(d) of this title’’.

10 (d) APPEALS DECISIONS.—(1) Chapter 71 of such

11 title is amended by striking out sections 7102 and 7103

12 and inserting in lieu thereof the following new sections

13 7102 and 7103:

14 ‘‘§ 7102. Decisions by the Board

15 ‘‘A proceeding instituted before the Board may be as16 signed to one or more members of the Board. A proceeding

17 assigned to more than one member shall be assigned to

18 a panel of not less than three members of the Board. A

19 member or panel assigned a proceeding shall make a de20 termination thereon, including any motion filed in connec21 tion therewith. The member or panel, as the case may be,

22 shall make a report under section 7104(d) of this title on

23 any such determination, which report shall constitute the

24 final disposition of the proceeding by the member or panel.
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1 ‘‘§ 7103. Reconsideration; correction of obvious errors

2 ‘‘(a) Subject to subsections (b) and (c) of this section,

3 the decision of the Board determining a matter under sec4 tion 7102 of this title is final.

5 ‘‘(b) The Chairman may order reconsideration of the

6 decision in a case in accordance with subsection (c) of this

7 section. Such an order may be made on the Chairman’s

8 initiative or upon motion of the claimant.

9 ‘‘(c)(1) Upon the order of the Chairman for reconsid10 eration of a decision in a case, the case shall be referred—

11 ‘‘(A) in the case of a matter originally heard by

12 a single member of the Board, to a panel of not less

13 than three members of the Board.

14 ‘‘(B) in the case of a matter originally heard by

15 a panel of members of the Board, to an enlarged

16 panel of the Board.

17 ‘‘(2) A panel referred to in paragraph (1) of this sub18 section may not include the member or members who

19 made the original decision subject to reconsideration.

20 ‘‘(3) A panel reconsidering a matter under this sub21 section shall render its decision after reviewing the entire

22 record before the Board. The decision of a majority of the

23 members of the panel shall be final.

24 ‘‘(d) The Board on its own motion may correct an

25 obvious error in the record, without regard to whether

26 there has been a motion or order for reconsideration.’’.
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1 (2) The table of sections at the beginning of such

2 chapter is amended by striking out the items relating to

3 sections 7102 and 7103 and inserting in lieu thereof the

4 following:

‘‘7102. Decisions by the Board.

‘‘7103. Reconsideration; correction of obvious errors.’’.

5 (e) PROCEDURES RELATING TO APPEALS.—(1)(A)

6 Section 7107 of such title is amended to read as follows:

7 ‘‘§ 7107. Appeals: dockets; hearings

8 ‘‘(a)(1) All cases received pursuant to application for

9 review on appeal shall be considered and decided in regu10 lar order according to their places upon the docket.

11 ‘‘(2) A case referred to in paragraph (1) of this sub12 section may, for cause shown, be advanced on motion for

13 earlier consideration and determination. Any such motion

14 shall set forth succinctly the grounds upon which it is

15 based and may not be granted unless the case involves

16 interpretation of law of general application affecting other

17 claims, or for other sufficient cause shown.

18 ‘‘(b) The Board shall decide any appeal only after af19 fording the appellant an opportunity for a hearing.

20 ‘‘(c) A hearing docket shall be maintained and formal

21 recorded hearings shall be held by such member or mem22 bers of the Board as the Chairman may designate. Such

23 member or members designated by the Chairman to con-
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1 duct the hearing shall participate in making the final de2 termination of the claim.

3 ‘‘(d)(1) An appellant may request a hearing before

4 the Board at its principal location or at a regional office

5 of the Department location within the area served by a

6 regional office of the Department.

7 ‘‘(2)(A) Except as provided in subparagraph (B) of

8 this paragraph, hearings requested within an area served

9 by a regional office of the Department shall be scheduled

10 in the order in which requests for such hearings hearings

11 within that area are received by the Department.

12 ‘‘(B) In a case in which the Secretary is aware that

13 the appellant is seriously ill or is under severe financial

14 hardship, a hearing may be scheduled at a time earlier

15 than would be provided for under subparagraph (A) of this

16 paragraph.

17 ‘‘(e)(1) At the request of the Chairman, the Secretary

18 may provide suitable facilities and equipment to the Board

19 or other components of the Department to enable an ap20 pellant located at a facility within the area served by a

21 regional office to participate, through voice transmission

22 or through picture and voice transmission, by electronic

23 or other means, in a hearing with a Board member or

24 members sitting at the Board’s principal location.
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1 ‘‘(2) When such facilities and equipment are avail2 able, the Chairman may afford the appellant an oppor3 tunity to participate in a hearing before the Board

4 through the use of such facilities and equipment in lieu

5 of a hearing held by personally appearing before a Board

6 member or panel as provided in subsection (d) of this sec7 tion. Any such hearing shall be conducted in the same

8 manner as, and shall be considered the equivalent of, a

9 personal hearing. If the appellant declines to participate

10 in a hearing through the use of such facilities and equip11 ment, the opportunity of the appellant to a hearing as pro12 vided in such subsection (d) shall not be affected.’’.

13 (B) The item relating to section 7107 in the table

14 of sections at the beginning of chapter 71 of such title

15 is amended to read as follows:

‘‘7107. Appeals: dockets; hearings.’’.

16 (2)(A) Section 7110 of such title is repealed.

17 (B) The table of sections at the beginning of chapter

18 71 of such title is amended by striking out the item relat19 ing to section 7110.

20 (f) TECHNICAL CORRECTION.—Section 7104(a) of

21 such title is amended by striking out ‘‘211(a)’’ and insert22 ing in lieu thereof ‘‘511(a)’’.