U.S. Code » Title 38 » Part PART V— BOARDS, ADMINISTRATIONS, AND SERVICES › Chapter CHAPTER 71— BOARD OF VETERANS’ APPEALS

38 U.S.C. § 7102

Assignment of members of Board

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(a) A proceeding instituted before the Board may be assigned to an individual member of the Board or to a panel of not less than three members of the Board. A member or panel assigned a proceeding shall make a determination thereon, including any motion filed in connection therewith. The member or panel, as the case may be, shall make a report under section 7104(d) of this title on any such determination, which report shall constitute the final disposition of the proceeding by the member or panel.(b) A proceeding may not be assigned to the Chairman as an individual member. The Chairman may participate in a proceeding assigned to a panel or in a reconsideration assigned to a panel of members.(c)(1) The Secretary shall ensure that there is offered to each member of the Board an annual training on military sexual trauma and proceedings that concern a claim for compensation based on military sexual trauma experienced by a veteran.(2) A proceeding that concerns a claim specified in paragraph (1) may not be assigned to an individual member of the Board or to a panel of members unless the individual member, or each member of the panel, as the case may be, has completed the annual training most recently offered to that member pursuant to such paragraph.(3) In this subsection, the term “military sexual trauma” has the meaning given that term in section 1166(c) of this title.(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1241, § 4002; Pub. L. 98–223, title II, § 208(c), (d), Mar. 2, 1984, 98 Stat. 44; renumbered § 7102 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, § 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 404; Pub. L. 103–271, § 6(a), July 1, 1994, 108 Stat. 741; Pub. L. 117–300, § 1(a), Dec. 27, 2022, 136 Stat. 4379.)Editorial NotesAmendments

2022—Subsec. (c). Pub. L. 117–300 added subsec. (c).

1994—Pub. L. 103–271 amended section generally, substituting present provisions for provisions authorizing Chairman to divide Board into sections of three members and to assign proceedings thereto, and provisions relating to assignment where section is composed of fewer than three members, limiting annual period of service, prohibiting more than one member to be a temporary or acting member, and relating to hearing docket and report of determination.

1991—Pub. L. 102–40, § 402(b)(1), renumbered section 4002 of this title as this section.

Subsec. (a)(2)(A)(ii). Pub. L. 102–83 substituted “Department” for “Veterans’ Administration”.

Subsec. (a)(3). Pub. L. 102–40, § 402(d)(1), substituted “7101(c)” for “4001(c)”.

1984—Subsec. (a)(1). Pub. L. 98–223, § 208(d)(1), designated provision authorizing the Chairman from time to time to divide the Board into sections of three members, assign members to the Board thereto, and designated the chief thereof, as par. (1).

Subsec. (a)(2). Pub. L. 98–223, § 208(d)(2), designated provision relating to authority of the Chairman in the case where a section is composed of fewer than three members as a result of absence, vacancy, or inability of a member to serve as subpar. (A), and in subpar. (A) as so designated, inserted provision authorizing the Chairman to designate an employee of the Veterans’ Administration to serve as an acting member of the Board on such section for a period of not to exceed 90 days, and added subpar. (B).

Subsec. (a)(3). Pub. L. 98–223, § 208(d)(2), added par. (3).

Subsec. (b). Pub. L. 98–223, § 208(d)(3), designated provision relating to the maintenance of a hearing docket and the holding of formal recorded hearings upon which a final determination will be made as subsec. (b).

Pub. L. 98–223, § 208(c), struck out “associate” before “member” in two places.

Subsec. (c). Pub. L. 98–223, § 208(d)(4), designated provision relating to the section making a determination on any proceeding or motion in connection therewith assigned to the section by the Board and making a report on such determination, which report constitutes its final disposition of the proceeding, as subsec. (c).

Statutory Notes and Related SubsidiariesFirst Training

Pub. L. 117–300, § 1(b), Dec. 27, 2022, 136 Stat. 4379, provided that: “The Secretary of Veterans Affairs shall ensure that each member of the Board of Veterans’ Appeals is offered the first annual training under section 7102(c) of title 38, United States Code, as amended by subsection (a), by not later than 180 days after the date of the enactment of this Act [Dec. 27, 2022].”

Applicability of Limitation Under Subsection (c)(2)

Pub. L. 117–300, § 1(c), Dec. 27, 2022, 136 Stat. 4379, provided that: “The limitation under section 7102(c)(2) of title 38, United States Code, as added by subsection (a), shall apply with respect to the assignment of proceedings on or after the date that is 180 days after the date of the enactment of this Act [Dec. 27, 2022].”

Notes of Decisions
Cited in 44 cases (5 in the last 5 years), 1991–2025 · leading case: Robert H. Arneson v. Eric K. Shinseki, 24 Vet. App. 379 (Vet. App. 2011).
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Robert H. Arneson v. Eric K. Shinseki, 24 Vet. App. 379 (Vet. App. 2011). · cites it 20× “38 U.S.C. §§ 7102 , 7107 Before analyzing the pertinent statutes regarding Board hearings, we first acknowledge that Arnesen v.”
Epps v. Brown, 9 Vet. App. 341 (Vet. App. 1996). · cites it 4× “In this regard, the appellant argues that the Circular is inconsistent with 38 U.S.C. § 7102 (a)(1) (1991), which conferred the authority upon the BVA Chairman to subdivide the BVA into sections composed of three members, and with other rules and regulations that contemplate…”
Frantzis v. McDonough, 104 F.4th 262 (Fed. Cir. 2024). · cites it 5× “Frantzis appealed to the Veterans Court, arguing 38 U.S.C. § 7102 requires the same Board member who conducts a hearing to also issue the resulting decision.”
Edward T. Splane & Paralyzed Vets. of Am. v. Togo D. West, Jr., Sec'y of Vets. Affairs, 216 F.3d 1058 (Fed. Cir. 2000). · cites it 2× “See 38 U.S.C. § 7102 (b) (Supp. 2000). 2 The government responds that, as the head of the Board, the Chairman's signed request for an opinion is merely pro fornia, and does not necessarily indicate that the Chairman has substantively participated in the appeal.”
Henderson v. West, 12 Vet. App. 11 (Vet. App. 1998). “740 , 741 (1994) (amending 38 U.S.C. § 7102 (a) and providing, inter alia, that proceeding before Board may be assigned to single member).”
In re Fee Agreement of Mason, 13 Vet. App. 79 (Vet. App. 1999). “In this matter, the appellant entered into a fee agreement with the veteran in July 1991, more than one year after *84 the Board’s May 1990 denial of the veteran’s claims for an increased rating for his service-connected knee condition and for secondary service connection of his…”
In re the Fee Agreement of SMITH, 1 Vet. App. 492 (Vet. App. 1991). “by the Chairman” ( 38 U.S.C. § 7102 (c)), and a reconsideration of a decision of a Board section which may be ordered by the Chairman acting alone but must then be heard and decided, by majority vote, by “an expanded section of the Board” ( 38 U.”
Loran L. Hayslip, Claimant-Appellant v. Anthony J. Principi, Sec'y of Vets. Affairs, Respondent-Cross-Appellant, 364 F.3d 1321 (Fed. Cir. 2004). “§ 7102 (a) (2000) (“A member or panel assigned a proceeding shall make a determination thereon” and “shall make a report-under section 7104(d) of this title on any such determination, which report shall constitute the final disposition of the proceeding by the member or panel.”
Richard B. Hime v. Robert A. McDonald, 28 Vet. App. 1 (Vet. App. 2016). · cites it 2× “Second, although the Board is now authorized to assign appeals to individual members for a decision, see 38 U.S.C. § 7102 (a), Board decisions in 1983 were assigned to three-member panels called "sections," see 38 U.”
Wachter v. Brown, 7 Vet. App. 396 (Vet. App. 1995). “, see 38 U.S.C. § 7102 (c). Should the Chairman grant the veteran’s motion for reconsideration, the case is then heard by an expanded section of the Board, and a decision rendered by a majority of that expanded section of the Board constitutes the final decision of the Board.”
Henderson v. Brown, 10 Vet. App. 272 (Vet. App. 1997). · cites it 2× “740, 741 (1994) (amending 38 U.S.C. § 7102 (a) and providing, inter aha, that proceeding instituted before BVA may be assigned to individual member).”
Arnesen v. Brown, 8 Vet. App. 432 (Vet. App. 1995). “As to the first issue, 38 U.S.C. § 7102 (b) provided at that time: “[HJearings shall be held by such member or members as the Chairman may designate”.”
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