38 C.F.R. § 20.107

Rule 107. Disqualification of Members

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(a) General. A Member of the Board will disqualify himself or herself in a hearing or decision on an appeal if that appeal involves a determination in which he or she participated or had supervisory responsibility in the agency of original jurisdiction prior to his or her appointment as a Member of the Board, or where there are other circumstances which might give the impression of bias either for or against the appellant.

(Authority: 38 U.S.C. 7102, 7104)

(b) Disqualification of Members by the Chairman. The Chairman of the Board, on his or her own motion, may disqualify a Member from acting in an appeal on the grounds set forth in paragraph (a) of this section and in those cases where a Member is unable or unwilling to act.

(Authority: 38 U.S.C. 7102, 7104, 7106) [57 FR 4104, Feb. 3, 1992, as amended at 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 1 case (1 in the last 5 years), 2022–2022 · 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). “38 C.F.R. § 20.107 (2022). The Board has a quality review program, aimed at identifying "objective errors that fall outside the bounds of judicial discretion in a uniform and consistent manner," which operates by advising the Board member responsible for the decision and the…”

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