38 C.F.R. § 20.106

Rule 106. Assignment of proceedings

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(a) Assignment. The Chairman may assign a proceeding instituted before the Board, including any motion, to an individual Member or to a panel of three or more Members for adjudication or other appropriate action. The Chairman may participate in a proceeding assigned to a panel of Members.

(Authority: 38 U.S.C. 7102)

(b) Inability to serve. If a Member is unable to participate in the disposition of a proceeding or motion to which the Member has been assigned, the Chairman may assign the proceeding or motion to another Member or substitute another Member (in the case of a proceeding or motion assigned to a panel).

(Authority: 38 U.S.C. 7101(a), 7102) [61 FR 20448, 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× “§§ 7101A(c), 7101(e); 38 C.F.R. § 20.106 (2022); post at 13-14, but under Arthrex these methods of indirectly supervising Board decisions does not solve the Appointments Clauses problem, see 594 U.”

190426-8918 (Board of Vet. App. 2020). “The undersigned Veterans Law Judge has been assigned to consider this matter pursuant to 38 C.F.R. § 20.106 (a). The service department records received in April 2019 were duplicative of those received in the pre-decisional period, and the only other evidence received since the…”

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