38 U.S.C. § 7101 : US Code - Section 7101: Composition of Board of Veterans' Appeals

      (a) There is in the Department a Board of Veterans' Appeals
    (hereinafter in this chapter referred to as the "Board"). The Board
    is under the administrative control and supervision of a chairman
    directly responsible to the Secretary. The Board shall consist of a
    Chairman, a Vice Chairman, and such number of members as may be
    found necessary in order to conduct hearings and dispose of appeals
    properly before the Board in a timely manner. The Board shall have
    such other professional, administrative, clerical, and stenographic
    personnel as are necessary in conducting hearings and considering
    and disposing of appeals properly before the Board. The Board shall
    have sufficient personnel under the preceding sentence to enable
    the Board to conduct hearings and consider and dispose of appeals
    properly before the Board in a timely manner.
      (b)(1) The Chairman shall be appointed by the President, by and
    with the advice and consent of the Senate, for a term of six years.
    The Chairman shall be subject to the same ethical and legal
    limitations and restrictions concerning involvement in political
    activities as apply to judges of the United States Court of Appeals
    for Veterans Claims.
      (2) The Chairman may be removed by the President for misconduct,
    inefficiency, neglect of duty, or engaging in the practice of law
    or for physical or mental disability which, in the opinion of the
    President, prevents the proper execution of the Chairman's duties.
    The Chairman may not be removed from office by the President on any
    other grounds. Any such removal may only be made after notice and
    opportunity for hearing.
      (3) The Chairman may be appointed under this subsection to more
    than one term. If, upon the expiration of the term of office for
    which the Chairman was appointed, the position of Chairman would
    become vacant, the individual serving as Chairman may, with the
    approval of the Secretary, continue to serve as Chairman until
    either appointed to another term or a successor is appointed, but
    not beyond the end of the Congress during which the term of office
      (4) The Secretary shall designate one member of the Board as Vice
    Chairman. The Vice Chairman shall perform such functions as the
    Chairman may specify. Such member shall serve as Vice Chairman at
    the pleasure of the Secretary.
      (c)(1)(A) The Chairman may from time to time designate one or
    more employees of the Department to serve as acting members of the
    Board. Except as provided in subparagraph (B), any such designation
    shall be for a period not to exceed 90 days, as determined by the
      (B) An individual designated as an acting member of the Board may
    continue to serve as an acting member of the Board in the making of
    any determination on a proceeding for which the individual was
    designated as an acting member of the Board, notwithstanding the
    termination of the period of designation of the individual as an
    acting member of the Board under subparagraph (A) or (C).
      (C) An individual may not serve as an acting member of the Board
    for more than 270 days during any one-year period.
      (D) At no time may the number of acting members exceed 20 percent
    of the total of the number of Board members and acting Board
    members combined.
      (2) In each annual report to the Congress under section 529 of
    this title, the Secretary shall provide detailed descriptions of
    the activities undertaken and plans made in the fiscal year for
    which the report is made with respect to the authority provided by
    paragraph (1) of this subsection. In each such report, the
    Secretary shall indicate, in terms of full-time employee
    equivalents, the number of acting members of the Board designated
    under such paragraph (1) during the year for which the report is
      (d)(1) After the end of each fiscal year, the Chairman shall
    prepare a report on the activities of the Board during that fiscal
    year and the projected activities of the Board for the fiscal year
    during which the report is prepared and the next fiscal year. Such
    report shall be included in the documents providing detailed
    information on the budget for the Department that the Secretary
    submits to the Congress in conjunction with the President's budget
    submission for any fiscal year pursuant to section 1105 of title
      (2) Each such report shall include, with respect to the preceding
    fiscal year, information specifying - 
        (A) the number of cases appealed to the Board during that year;
        (B) the number of cases pending before the Board at the
      beginning and at the end of that year;
        (C) the number of such cases which were filed during each of
      the 36 months preceding the current fiscal year;
        (D) the average length of time a case was before the Board
      between the time of the filing of an appeal and the disposition
      during the preceding fiscal year;
        (E) the number of members of the Board at the end of the year
      and the number of professional, administrative, clerical,
      stenographic, and other personnel employed by the Board at the
      end of the preceding fiscal year; and
        (F) the number of employees of the Department designated under
      subsection (c)(1) to serve as acting members of the Board during
      that year and the number of cases in which each such member
      participated during that year.

      (3) The projections in each such report for the current fiscal
    year and for the next fiscal year shall include (for each such
    year) - 
        (A) an estimate of the number of cases to be appealed to the
      Board; and
        (B) an evaluation of the ability of the Board (based on
      existing and projected personnel levels) to ensure timely
      disposition of such appeals as required by section 7101(a) of
      this title.

      (e) A performance incentive that is authorized by law for
    officers and employees of the Federal Government may be awarded to
    a member of the Board (including an acting member) by reason of
    that member's service on the Board only if the Chairman of the
    Board determines that such member should be awarded that incentive.
    A determination by the Chairman for such purpose shall be made
    taking into consideration the quality of performance of the Board