38 C.F.R. § 20.705

Rule 705. Functions of the presiding Member

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) General. The presiding Member is responsible for the conduct of a Board hearing in accordance with the provisions of subparts G and H of this part.

(b) Duties. The duties of the presiding Member include, but are not limited to, any of the following:

(1) Conducting a prehearing conference, pursuant to § 20.707;

(2) Ruling on questions of procedure;

(3) Administering the oath or affirmation;

(4) Ensuring that the course of the Board hearing remains relevant to the issue or issues on appeal;

(5) Setting reasonable time limits for the presentation of argument;

(6) Prohibiting cross-examination of the appellant and any witnesses;

(7) Determining whether documentary evidence, testimony, and/or argument is relevant or material to the issue or issues being considered and not unduly repetitious;

(8) Terminating a Board hearing or directing that an offending party, representative, witness, or observer leave the hearing if that party persists or engages in disruptive or threatening behavior;

(9) Disallowing or halting the use of personal recording equipment being used by an appellant or representative if it becomes disruptive to the hearing; and

(10) Taking any other steps necessary to maintain good order and decorum.

(Authority: 38 U.S.C. 501) [84 FR 187, Jan. 18, 2019]

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2002–2025 · leading case: Oliver L. Jaquay, Claimant-Appellant v. Anthony J. Principi, Sec'y of Vets. Affairs, 304 F.3d 1276 (Fed. Cir. 2002).

Sort: Relevance Newest Treatment

Oliver L. Jaquay, Claimant-Appellant v. Anthony J. Principi, Sec'y of Vets. Affairs, 304 F.3d 1276 (Fed. Cir. 2002). · cites it 2× “The location of the hearing is governed by 38 C.F.R. § 20.705 , which provides: A hearing on appeal before the Board of Veterans’ Appeals may be held in one of the following places at the option of the appellant: (a) In Washington, DC, or (b) At a Department of Veterans Affairs…”

Eric D. Bilharz & Anthony J. Pinto, Jr. v. Douglas A. Collins (Vet. App. 2025). · cites it 3× “127 38 C.F.R. § 20.705 (b). 23 Case: 22-6158 Page: 24 of 48 Filed: 08/14/2025 Before we continue with our discussion of § 20.”

13-26 710 (Board of Vet. App. 2017). “See 38 C.F.R. § 20.705 (b) (2016). As such, the appellant's hearing should be rescheduled and notice should be provided.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.