38 C.F.R. § 20.1004

Rule 1004. Reconsideration panel

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(a) Assignment of Members. When a motion for reconsideration is allowed, the Chairman will assign a panel of three or more Members of the Board, which may include the Chairman, to conduct the reconsideration.

(b) Number of Members constituting a reconsideration panel. In the case of a matter originally decided by a single Member of the Board, the case shall be referred to a panel of three Members of the Board. In the case of a matter originally decided by a panel of Members of the Board, the case shall be referred to an enlarged panel, consisting of three or more Members than the original panel. In order to obtain a majority opinion, the number of Members assigned to a reconsideration panel may be increased in successive increments of three.

(c) Members included in the reconsideration panel. The reconsideration panel may not include any Member who participated in the decision that is being reconsidered. Additional Members will be assigned in accordance with paragraph (b) of this section.

(Authority: 38 U.S.C. 7102, 7103) [61 FR 20449, May 7, 1996. Redesignated at 84 FR 177, Jan. 18, 2019, as amended at 84 FR 4337, Feb. 15, 2019]

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2020–2022 · leading case: George D. Prewitt, Jr. v. Denis McDonough (Vet. App. 2022).

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George D. Prewitt, Jr. v. Denis McDonough (Vet. App. 2022). · cites it 2× “But the Chairman presumably may be outvoted by a panel majority of inferior-officer Board members even if the Chairman orders reconsideration of a case and chooses to sit on the reconsideration panel, leaving the Chairman unable to countermand the decision.”

Louann Wolfe v. Robert L. Wilkie (Vet. App. 2020). “See 38 C.F.R. § 20.1004 (2020). 10 Moreover, the appellant fails to explain how the fact that benefits were ultimately awarded based on new evidence not contemplated by § 20.”

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