Board of Veterans' Appeals Administrative Procedures Improvement Act of 1994
PL 103-271 (S.1904), enacted 07/01/1994

108 STAT. 740 
PUBLIC LAW 103-271—JULY 1, 1994 
Public Law 103-271 
103d Congress 
An Act 
July 1, 1994 
[S. 1904] 
Board of 
Veterans' 
Appeals 
Administrative 
Procedures 
Improvement 
Act of 1994. 
38 u s e 101 note. 
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 deter-
mined 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 subpara-
graph (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."; 
PUBLIC LAW 103-271—JULY 1, 1994 
108 STAT. 741 
(2) by striking out paragraph (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 sec-
tion 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 
Reports. 
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 proceed-
ing 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. 
108 STAT. 742 
PUBLIC LAW 103-271—JULY 1, 1994 
"(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. 
"(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 begin-
ning 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 des-
ignated 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 Depart-
ment 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 trans-
PUBLIC LAW 103-271—JULY 1, 1994 
108 STAT. 743 
mission, 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 oppori;unity 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 shsdl 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 
"majr"; 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 
108 STAT. 744 
PUBLIC LAW 103-271—JULY 1, 1994 
(C) by striking out "such applicant's or recipient's esti-
mate of. 
Approved July 1, 1994. 
LEGISLATIVE HISTORY—S. 1904: 
CONGRESSIONAL RECORD, Vol. 140 (1994): 
Apr. 21, considered and passed Senate. 
June 13, considered and passed House, amended. 
June 15, Senate concurred in House amendments.