38 USC Sec. 7107                                            01/03/05

-EXPCITE-

    TITLE 38 - VETERANS' BENEFITS

    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

    CHAPTER 71 - BOARD OF VETERANS' APPEALS

-HEAD-

    Sec. 7107. Appeals: dockets; hearings

-STATUTE-

      (a)(1) Except as provided in paragraphs (2) and (3) and in

    subsection (f), each case received pursuant to application for

    review on appeal shall be considered and decided in regular order

    according to its place upon the docket.

      (2) A case referred to in paragraph (1) may, for cause shown, be

    advanced on motion for earlier consideration and determination. Any

    such motion shall set forth succinctly the grounds upon which the

    motion is based. Such a motion may be granted only - 

        (A) if the case involves interpretation of law of general

      application affecting other claims;

        (B) if the appellant is seriously ill or is under severe

      financial hardship; or

        (C) for other sufficient cause shown.

      (3) A case referred to in paragraph (1) may be postponed for

    later consideration and determination if such postponement is

    necessary to afford the appellant a hearing.

      (b) The Board shall decide any appeal only after affording the

    appellant an opportunity for a hearing.

      (c) A hearing docket shall be maintained and formal recorded

    hearings shall be held by such member or members of the Board as

    the Chairman may designate. Such member or members designated by

    the Chairman to conduct the hearing shall, except in the case of a

    reconsideration of a decision under section 7103 of this title,

    participate in making the final determination of the claim.

      (d)(1) An appellant may request that a hearing before the Board

    be held at its principal location or at a facility of the

    Department located within the area served by a regional office of

    the Department.

      (2) A hearing to be held within an area served by a regional

    office of the Department shall (except as provided in paragraph

    (3)) be scheduled to be held in accordance with the place of the

    case on the docket under subsection (a) relative to other cases on

    the docket for which hearings are scheduled to be held within that

    area.

      (3) A hearing to be held within an area served by a regional

    office of the Department may, for cause shown, be advanced on

    motion for an earlier hearing. Any such motion shall set forth

    succinctly the grounds upon which the motion is based. Such a

    motion may be granted only - 

        (A) if the case involves interpretation of law of general

      application affecting other claims;

        (B) if the appellant is seriously ill or is under severe

      financial hardship; or

        (C) for other sufficient cause shown.

      (e)(1) At the request of the Chairman, the Secretary may provide

    suitable facilities and equipment to the Board or other components

    of the Department to enable an appellant located at a facility

    within the area served by a regional office to participate, through

    voice transmission or through picture and voice transmission, by

    electronic or other means, in a hearing with a Board member or

    members sitting at the Board's principal location.

      (2) When such facilities and equipment are available, the

    Chairman may afford the appellant an opportunity to participate in

    a hearing before the Board through the use of such facilities and

    equipment in lieu of a hearing held by personally appearing before

    a Board member or panel as provided in subsection (d). Any such

    hearing shall be conducted in the same manner as, and shall be

    considered the equivalent of, a personal hearing. If the appellant

    declines to participate in a hearing through the use of such

    facilities and equipment, the opportunity of the appellant to a

    hearing as provided in such subsection (d) shall not be affected.

      (f) Nothing in this section shall preclude the screening of cases

    for purposes of - 

        (1) determining the adequacy of the record for decisional

      purposes; or

        (2) the development, or attempted development, of a record

      found to be inadequate for decisional purposes.

-SOURCE-

    (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1242, Sec. 4006;

    renumbered Sec. 4007, Pub. L. 87-666, Sec. 1, Sept. 19, 1962, 76

    Stat. 553; renumbered Sec. 7107, Pub. L. 102-40, title IV, Sec.

    402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 103-271, Sec.

    7(a)(1), July 1, 1994, 108 Stat. 742; Pub. L. 103-446, title III,

    Sec. 303, Nov. 2, 1994, 108 Stat. 4658; Pub. L. 105-368, title X,

    Sec. 1003, Nov. 11, 1998, 112 Stat. 3363.)

-MISC1-

                                AMENDMENTS                            

      1998 - Subsec. (a)(1). Pub. L. 105-368, Sec. 1003(a)(1), inserted

    "in paragraphs (2) and (3) and" after "Except as provided".

      Subsec. (a)(2). Pub. L. 105-368, Sec. 1003(a)(2), added second

    and third sentences and struck out former second sentence which

    read as follows: "Any such motion shall set forth succinctly the

    grounds upon which it is based and may not be granted unless the

    case involves interpretation of law of general application

    affecting other claims or for other sufficient cause shown."

      Subsec. (a)(3). Pub. L. 105-368, Sec. 1003(a)(3), added par. (3).

      Subsec. (d)(2). Pub. L. 105-368, Sec. 1003(b)(1), substituted "in

    accordance with the place of the case on the docket under

    subsection (a) relative to other cases on the docket for which

    hearings are scheduled to be held within that area." for "in the

    order in which requests for hearings within that area are received

    by the Department."

      Subsec. (d)(3). Pub. L. 105-368, Sec. 1003(b)(2), added par. (3)

    and struck out former par. (3) which read as follows: "In a case in

    which the Secretary is aware that the appellant is seriously ill or

    is under severe financial hardship, a hearing may be scheduled at a

    time earlier than would be provided for under paragraph (2)."

      1994 - Pub. L. 103-446 substituted "Except as provided in

    subsection (f), each case" for "Each case" in subsec. (a)(1) and

    added subsec. (f).

      Pub. L. 103-271 amended section generally. Prior to amendment,

    text read as follows: "All cases received pursuant to application

    for review on appeal shall be considered and decided in regular

    order according to their places upon the docket; however, for cause

    shown a case may be advanced on motion for earlier consideration

    and determination. Every such motion shall set forth succinctly the

    grounds upon which it is based. No such motion shall be granted

    except in cases involving interpretation of law of general

    application affecting other claims, or for other sufficient cause

    shown."

      1991 - Pub. L. 102-40 renumbered section 4007 of this title as

    this section.

      1962 - Pub. L. 87-666 renumbered section 4006 of this title as

    this section.