Page:United States Statutes at Large Volume 102 Part 5.djvu/104

 102 STAT. 4110

38 USC 4001 note,

PUBLIC LAW 100-687—NOV. 18, 1988

4001 of title 38, United States Code (as amended by subsection (a)), may not be made until a Chairman is appointed under subsection (b)(1) of that section. (2) An individual who is serving as a member of the Board on the date of the enactment of this Act may continue to serve as a member until the earlier of— (A) the date on which the individual's successor (as designated by the Administrator) is appointed under subsection 0)X2) of that section, or (B) the end of the 180-day period beginning on the day after the date on which the Chairman is appointed under subsection (b)(1) of such section. (d) INITIAL TERMS OF OFFICE.—Notwithstanding the second sentence of section 4001(b)(2) of title 38, United States Code (as amended by subsection (a)), specifying the term for which members of the Board of Veterans' Appeals shall be appointed, of the members first appointed under that section— (A) 22 shall be appointed for a term of three years; (B) 22 shall be appointed for a term of six years; and (C) 22 shall be appointed for a term of nine years, as determined by the Administrator at the time of the initial appointments. SEC. 202. DETERMINATIONS BY THE BOARD.

(a) MAJORITY VOTE IN SECTIONS.—Section 4003 is amended to read as follows: "§ 4003. Determinations by the Board "(a) Decisions by a section of the Board shall be made by a majority of the members of the section. The decision of the section is final unless the Chairman orders reconsideration of the case. "(b) If the Chairman orders reconsideration in a case, the case shall upon reconsideration be heard by an expanded section of the Board. When a case is heard by an expanded section of the Board after such a motion for reconsideration, the decision of a majority of the members of the expanded section shall constitute the final decision of the Board. "(c) Notwithstanding subsections (a) and (b) of this section, the Board on its own motion may correct an obvious error in the record.". 0)) RESOURCES TO DISPOSE OF APPEALS IN A TIMELY MANNER.—

Section 4001(a) is amended— (1) by inserting "and" after "Vice Chairman,"; (2) by striking out "necessary, and" and inserting in lieu thereof "necessary in order to conduct hearings and dispose of appeals properly before thef Board in a timely manner. The Board shall have"; and (3) by adding at the end the following new sentence: "The Board shall have sufficient personnel under the preceding sentence to enable the Board to conduct hearings and consider and dispose of appeals properly before the Board in a timely manner.". SEC. 203. DECISIONS OF THE BOARD.

(a) DECJSIONS BASED ON THE RECORD.—Section 4004(a) is amended by adding at the end the following new sentences: "The Board shall decide any such appeal only after affording the claimant an oppor-

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