§ 20.107 Rule 107. Disqualification of Members.
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Title 38 CFR: Pensions, Bonuses, and Veterans' Relief › Chapter I: DEPARTMENT OF VETERANS AFFAIRS › Part 20: BOARD OF VETERANS' APPEALS: RULES OF PRACTICE › Subpart B: The Board › § 20.107: § 20.107 Rule 107. Disqualification of Members.
Text
(a)
General.
A Member of the Board will disqualify himself or herself in a hearing or decision on an appeal if that appeal involves a determination in which he or she participated or had supervisory responsibility in the agency of original jurisdiction prior to his or her appointment as a Member of the Board, or where there are other circumstances which might give the impression of bias either for or against the appellant.
(Authority: 38 U.S.C. 7102, 7104)
(b)
Disqualification of Members by the Chairman.
The Chairman of the Board, on his or her own motion, may disqualify a Member from acting in an appeal on the grounds set forth in paragraph (a) of this section and in those cases where a Member is unable or unwilling to act.
(Authority: 38 U.S.C. 7102, 7104, 7106)
[57 FR 4104, Feb. 3, 1992, as amended at 61 FR 20449, May 7, 1996. Redesignated at 84 FR 177, Jan. 18, 2019, as amended at 84 FR 4337, Feb. 15, 2019]
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