Pub. L. 105-368, tit. X, sec. 1003

FLEXIBILITY IN DOCKETING AND HEARING OF APPEALS BY BOARD OF VETERANS’ APPEALS.

EnactedYear: 1998Length: 315 wordsOfficial source
SEC. 1003. FLEXIBILITY IN DOCKETING AND HEARING OF APPEALS BY BOARD OF VETERANS’ APPEALS. (a) Flexibility in Order of Consideration and Determination.— Subsection (a) of section 7107 is amended— (1) in paragraph (1), by inserting “in paragraphs (2) and (3) and” after “Except as provided”; 112 STAT. 3364 (2) in paragraph (2), by striking the second sentence and inserting the following: “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.”; and (3) by adding at the end the following new paragraph: “(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) Scheduling of Field Hearings.— Subsection (d) of such section is amended— (1) in paragraph (2), by striking “in the order” and all that follows through the end and inserting “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.”; and (2) by striking paragraph (3) and inserting the following new paragraph (3): “(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.”.
Pub. L. 105-368, tit. X, sec. 1003: FLEXIBILITY IN DOCKETING AND HEARING OF APPEALS BY BOARD OF VETERANS’ APPEALS. | Justis AI