[Code of Federal Regulations]
[Title 38, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR19.12]

[Page 64]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
          CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED)
 
PART 19--BOARD OF VETERANS' APPEALS: APPEALS REGULATIONS--Table of Contents
 
         Subpart A--Operation of the Board of Veterans' Appeals
 
Sec. 19.12  Disqualification of Members.

    (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) Appeal on same issue subsequent to decision on administrative 
appeal. Any Member of the Board who made the decision on an 
administrative appeal will disqualify himself or herself from acting on 
a subsequent appeal by the claimant on the same issue.


(Authority: 38 U.S.C. 7102, 7104, 7106)

    (c) 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 paragraphs (a) and (b) 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]