38 C.F.R. § 20.109

Rule 109. Delegation of authority to Vice Chairman, Deputy Vice Chairmen, or Members of the Board

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(a) The authority exercised by the Chairman of the Board of Veterans' Appeals described in Rules 106(b) and 107(b) (§§ 20.106(b) and 20.107(b)) may also be exercised by the Vice Chairman of the Board.

(b) The authority exercised by the Chairman of the Board of Veterans' Appeals described in Rules 1004 and 1002(c) (§§ 20.1004 and 20.1002(c)) may also be exercised by the Vice Chairman of the Board and by Deputy Vice Chairmen of the Board.

(c) The authority exercised by the Chairman of the Board of Veterans' Appeals described in Rule 2 (§ 20.2), may also be exercised by the Vice Chairman of the Board; by Deputy Vice Chairmen of the Board; and, in connection with a proceeding or motion assigned to them by the Chairman, by a Member or Members of the Board.

(Authority: 38 U.S.C. 512(a), 7102, 7104) [84 FR 4337, Feb. 15, 2019]

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2023–2023 · leading case: Carmen L. Encarnacion v. Denis McDonough (Vet. App. 2023).

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Carmen L. Encarnacion v. Denis McDonough (Vet. App. 2023). “§§ 7103 (a) and (b), a 19 reconsideration order need not emanate from the Chairman; under 38 C.F.R.§ 20.109(b) (2022), reconsideration authority "may also be exercised by the Vice Chairman of the Board and by Deputy Vice Chairmen of the Board"—who are also members of the Board…”

— 38 C.F.R. § 20.109(b) — 1 case

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