38 C.F.R. § 20.706

Rule 706. Designation of Member or Members to conduct the hearing

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Hearings will be conducted by a Member or panel of Members of the Board. Where a proceeding has been assigned to a panel, the Chairman, or the Chairman's designee, shall designate one of the Members as the presiding Member.

(Authority: 38 U.S.C. 7102, 7107) [84 FR 187, Jan. 18, 2019]

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2012–2022 · leading case: Alfred Procopio, Jr. v. Eric K. Shinseki, 26 Vet. App. 76 (Vet. App. 2012).

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Alfred Procopio, Jr. v. Eric K. Shinseki, 26 Vet. App. 76 (Vet. App. 2012). “See 38 C.F.R. § 20.706 (1993) (requiring the presiding Board member, among other things, to “assure that the course of the hearing remains relevant to the issue, or issues, on appeal”).”

Louis R. Frantzis v. Denis McDonough (Vet. App. 2022). · cites it 2× “"79 Under the general rules for Board hearings, which apply to AMA appeals, 38 C.F.R. § 20.706 (2021)80 provides that "[h]earings will be conducted by a Member or panel of Members of the Board.”

George D. Prewitt, Jr. v. Denis McDonough (Vet. App. 2022). “38 C.F.R. § 20.706 (2022). The Chairman may disqualify a Board member from acting in an appeal where the appeal involves a determination in which the Board member participated or for which the Board member had supervisory responsibility before becoming a Board member, or where…”

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