38 USC 7103 - Reconsideration; correction of obvious errors

U.S Code last checked for updates: Nov 22, 2024

§ 7103.

Reconsideration; correction of obvious errors

(a)

The decision of the Board determining a matter under section 7102 of this title is final unless the Chairman orders reconsideration of the decision in accordance with subsection (b). Such an order may be made on the Chairman’s initiative or upon motion of the claimant.

(b)

(1)

Upon the order of the Chairman for reconsideration of the decision in a case, the case shall be referred—

(A)

in the case of a matter originally decided by a single member of the Board, to a panel of not less than three members of the Board; or

(B)

in the case of a matter originally decided by a panel of members of the Board, to an enlarged panel of the Board.

(2)

A panel referred to in paragraph (1) may not include the member, or any member of the panel, that made the decision subject to reconsideration.

(3)

A panel reconsidering a case under this subsection shall render its decision after reviewing the entire record before the Board. The decision of the panel shall be made by a majority vote of the members of the panel. The decision of the panel shall constitute the final decision of the Board.

(c)

The Board on its own motion may correct an obvious error in the record, without regard to whether there has been a motion or order for reconsideration.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1241, § 4003; Pub. L. 100–687, div. A, title II, § 202(a), Nov. 18, 1988, 102 Stat. 4110; renumbered § 7103, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 103–271, § 6(a), July 1, 1994, 108 Stat. 741; Pub. L. 115–55, § 2(o), Aug. 23, 2017, 131 Stat. 1111.)

cite as: 38 USC 7103