Page:United States Statutes at Large Volume 108 Part 1.djvu/768

 108 STAT. 742 PUBLIC LAW 103-271—JULY 1, 1994 "(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.". (b) CLERICAL AMENDMENT. — The table of sections at the beginning of chapter 71 of such title is amended by striking out the item relating to section 7103 and inserting in lieu thereof the following: "7103. Reconsideration; correction of obvious errors.". SEC. 7. PROCEDURES RELATING TO APPEALS. (a) IN GENERAL. —(1) Section 7107 of title 38, United States Code, is amended to read as follows: "(a)(1) 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 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. "(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 the order in which requests for hearings within that area are received by the Department. "(3) 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). "(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 trans-
 * § 7107. Appeals: dockets; hearings

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