S. 1904

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

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

of the Board of Veterans’ Appeals.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Board of Veterans’ Appeals Administrative Procedures Improvement Act of 1994’’.

SEC. 2. NUMBER OF MEMBERS OF BOARD OF VETERANS’ APPEALS.

Section 7101(a) of title 38, United States Code, is amended

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

SEC. 3. ETHICAL AND LEGAL LIMITATIONS ON CHAIRMAN.

Section 7101(b)(1) of title 38, United States Code, is amended

by inserting after the first sentence the following new sentence:

‘‘The Chairman shall be subject to the same ethical and legal

limitations and restrictions concerning involvement in political

activities as apply to judges of the United States Court of Veterans

Appeals.’’.

SEC. 4. ACTING AND TEMPORARY MEMBERS OF BOARD OF VETERANS’

APPEALS.

(a) IN GENERAL.—Subsection (c) of section 7101 of title 38,

United States Code, is amended—

(1) by striking out paragraph (1) and inserting in lieu thereof the following:

‘‘(1)(A) The Chairman may from time to time designate one or more employees of the Department to serve as acting members

of the Board. Except as provided in subparagraph (B), any such

designation shall be for a period not to exceed 90 days, as determined by the Chairman. ‘‘(B) An individual designated as an acting member of the Board may continue to serve as an acting member of the Board

in the making of any determination on a proceeding for which

the individual was designated as an acting member of the Board,

notwithstanding the termination of the period of designation of

the individual as an acting member of the Board under subparagraph (A) or (C). ‘‘(C) An individual may not serve as an acting member of

the Board for more than 270 days during any one-year period. ‘‘(D) At no time may the number of acting members exceed

20 percent of the total of the number of Board members and

acting Board members combined.’’;

(2) by striking out paragraph (2);
S. 1904—2

(3) by redesignating paragraph (3) as paragraph (2); and

(4) in paragraph (2), as so redesignated, by striking out ‘‘the number of temporary Board members’’ and all that follows

through the period at the end and inserting in lieu thereof

‘‘the number of acting members of the Board designated under

such paragraph (1) during the year for which the report is

made.’’.

(b) CONFORMING AMENDMENTS.—(1) Subsection (e) of such section is amended by striking out ‘‘a temporary or’’ and inserting

in lieu thereof ‘‘an’’.

(2) Subsection (d)(3)(B) of such section is amended by striking ‘‘section 7103(d)’’ and inserting in lieu thereof ‘‘section 7101(a)’’.

SEC. 5. CHAIRMAN’S ANNUAL REPORT ON BOARD ACTIVITIES.

Section 7101(d)(2) of title 38, United States Code, is amended—

(1) by striking out ‘‘and’’ at the end of subparagraph (D);

(2) by striking out the period at the end of subparagraph (E) and inserting in lieu thereof ‘‘; and’’; and (3) by adding at the end the following new subparagraph:

‘‘(F) the number of employees of the Department designated under subsection (c)(1) to serve as acting members of the Board

during that year and the number of cases in which each such

member participated during that year.’’.

SEC. 6. DECISIONS BY THE BOARD.

(a) ACTION BY BVA.—Sections 7102 and 7103 of title 38, United

States Code, are amended to read as follows:

‘‘§ 7102. Assignment of members of Board

‘‘(a) A proceeding instituted before the Board may be assigned to an individual member of the Board or to a panel of not less

than three members of the Board. A member or panel assigned

a proceeding shall make a determination thereon, including any

motion filed in connection therewith. The member or panel, as

the case may be, shall make a report under section 7104(d) of

this title on any such determination, which report shall constitute

the final disposition of the proceeding by the member or panel.

‘‘(b) A proceeding may not be assigned to the Chairman as

an individual member. The Chairman may participate in a proceeding assigned to a panel or in a reconsideration assigned to a panel

of members.

‘‘§ 7103. Reconsideration; correction of obvious errors

‘‘(a) The decision of the Board determining a matter under

section 7102 of this title is final unless the Chairman orders

reconsideration of the decision in accordance with subsection (b).

Such an order may be made on the Chairman’s initiative or upon

motion of the claimant.

‘‘(b)(1) Upon the order of the Chairman for reconsideration

of the decision in a case, the case shall be referred—

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

member of the Board, to a panel of not less than three members

of the Board; or

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

of members of the Board, to an enlarged panel of the Board.

‘‘(2) A panel referred to in paragraph (1) may not include

the member, or any member of the panel, that made the decision

subject to reconsideration.
S. 1904—3

‘‘(3) A panel reconsidering a case under this subsection shall

render its decision after reviewing the entire record before the

Board. The decision of the panel shall be made by a majority

vote of the members of the panel. The decision of the panel shall

constitute the final decision of the Board.

‘‘(c) The Board on its own motion may correct an obvious

error in the record, without regard to whether there has been

a motion or order for reconsideration.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 71 of such title is amended by striking out the

item relating to section 7103 and inserting in lieu thereof the

following:

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

SEC. 7. PROCEDURES RELATING TO APPEALS.

(a) IN GENERAL.—(1) Section 7107 of title 38, United States

Code, is amended to read as follows:

‘‘§ 7107. Appeals: dockets; hearings

‘‘(a)(1) 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

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.

‘‘(b) The Board shall decide any appeal only after affording

the appellant an opportunity for a hearing.

‘‘(c) 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 the order in which requests for

hearings within that area are received by the Department.

‘‘(3) 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).

‘‘(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.
S. 1904—4

‘‘(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.’’.

(2) The item relating to section 7107 in the table of sections

at the beginning of chapter 71 of such title is amended to read

as follows:

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

(b) CONFORMING AMENDMENTS.—(1) Section 7104(a) of such

title is amended by striking out the third sentence.

(2) Section 7110 of such title is repealed.

(3) The table of sections at the beginning of chapter 71 of

such title is amended by striking out the item relating to section

7110.

SEC. 8. CROSS-REFERENCE CORRECTION.

Section 7104(a) of title 38, United States Code, is amended

by striking out ‘‘211(a)’’ and inserting in lieu thereof ‘‘511(a)’’.

SEC. 9. REVISION TO INCOME VERIFICATION REQUIREMENTS.

(a) PARENTS DIC.—Section 1315(e) of title 38, United States

Code, is amended—

(1) in the first sentence—

(A) by striking out ‘‘shall’’ and inserting in lieu thereof

‘‘may’’; and

(B) by striking out ‘‘each year’’ and inserting in lieu

thereof ‘‘for a calendar year’’; and

(2) in the second sentence—

(A) by striking out ‘‘file with the Secretary a revised

report’’ and inserting in lieu thereof ‘‘notify the Secretary’’;

and

(B) by striking out ‘‘the estimated’’.

(b) PENSION.—Section 1506 of such title is amended—

(1) in paragraph (2)—

(A) by striking out ‘‘shall’’ and inserting in lieu thereof

‘‘may’’; and

(B) by striking out ‘‘each year’’ and inserting in lieu

thereof ‘‘for a calendar year’’; and

(2) in paragraph (3)—

(A) by striking out ‘‘file a revised report’’ and inserting

in lieu thereof ‘‘notify the Secretary’’;

(B) by striking out ‘‘estimated’’ each place it appears;

and
S. 1904—5

(C) by striking out ‘‘such applicant’s or recipient’s estimate of’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.