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Code · BILL · 113th Congress · S. 1982 (Placed on Calendar Senate) — To improve the provision of medical services and benefits to veterans, and for other purposes. · Sec. 632

Sec. 632. Determination of manner of appearance for hearings before Board of Veterans' Appeals

442 words·~2 min read·/bill/113/s/1982/pcs/section-632

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Section 7107 is amended— in subsection (a)(1), by striking in subsection
(f)and inserting in subsection
(g); by redesignating subsection
(f)as subsection (g); and by striking subsections
(d)and
(e)and inserting the following new subsections: Except as provided in paragraph (2), a hearing before the Board shall be conducted through picture and voice transmission, by electronic or other means, in such a manner that the appellant is not present in the same location as the members of the Board during the hearing. A hearing before the Board shall be conducted in person upon the request of an appellant. In the absence of a request under subparagraph (A), a hearing before the Board may also be conducted in person as the Board considers appropriate. In a case in which a hearing before the Board is to be held as described in subsection (d)(1), the Secretary shall provide suitable facilities and equipment to the Board or other components of the Department to enable an appellant located at an appropriate facility within the area served by a regional office to participate as so described. Any hearing conducted as described in subsection (d)(1) shall be conducted in the same manner as, and shall be considered the equivalent of, a personal hearing. In a case in which a hearing before the Board is to be held as described in subsection (d)(2), the appellant may request that the hearing be held at the principal location of the Board or at a facility of the Department located within the area served by a regional office of the Department. 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 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. 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— if the case involves interpretation of law of general application affecting other claims; if the appellant is seriously ill or is under severe financial hardship; or for other sufficient cause shown. . The amendments made by subsection
(a)shall apply with respect to cases received by the Board of Veterans' Appeals pursuant to notices of disagreement submitted on or after the date of the enactment of this Act.
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