38 U.S.C. § 7101A : US Code - Section 7101A: Members of Board: appointment; pay; performance review

Search 38 U.S.C. § 7101A : US Code - Section 7101A: Members of Board: appointment; pay; performance review

(a)(1) The members of the Board of Veterans' Appeals other than
the Chairman (and including the Vice Chairman) shall be appointed
by the Secretary, with the approval of the President, based upon
recommendations of the Chairman.
(2) Each member of the Board shall be a member in good standing
of the bar of a State.
(b) Members of the Board (other than the Chairman and any member
of the Board who is a member of the Senior Executive Service)
shall, in accordance with regulations prescribed by the Secretary,
be paid basic pay at rates equivalent to the rates payable under
section 5372 of title 5.
(c)(1)(A) The Chairman shall establish a panel to review the
performance of members of the Board. The panel shall be comprised
of the Chairman and two other members of the Board (other than the
Vice Chairman). The Chairman shall periodically rotate membership
on the panel so as to ensure that each member of the Board (other
than the Vice Chairman) serves as a member of the panel for and
within a reasonable period.
(B) Not less than one year after the job performance standards
under subsection (f) are initially established, and not less often
than once every three years thereafter, the performance review
panel shall determine, with respect to each member of the Board
(other than the Chairman or a member who is a member of the Senior
Executive Service), whether that member's job performance as a
member of the Board meets the performance standards for a member of
the Board established under subsection (f). Each such determination
shall be in writing.
(2) If the determination of the performance review panel in any
case is that the member's job performance as a member of the Board
meets the performance standards for a member of the Board
established under subsection (f), the Chairman shall recertify the
member's appointment as a member of the Board.
(3) If the determination of the performance review panel in any
case is that the member's job performance does not meet the
performance standards for a member of the Board established under
subsection (f), the Chairman shall, based upon the individual
circumstances, either -
(A) grant the member a conditional recertification; or
(B) recommend to the Secretary that the member be noncertified.
(4) In the case of a member of the Board who is granted a
conditional recertification under paragraph (3)(A) or (5)(A), the
performance review panel shall review the member's job performance
record and make a further determination under paragraph (1)
concerning that member not later than one year after the date of
the conditional recertification. If the determination of the
performance review panel at that time is that the member's job
performance as a member of the Board still does not meet the
performance standards for a member of the Board established under
subsection (f), the Chairman shall recommend to the Secretary that
the member be noncertified.
(5) In a case in which the Chairman recommends to the Secretary
under paragraph (3) or (4) that a member be noncertified, the
Secretary, after considering the recommendation of the Chairman,
may either -
(A) grant the member a conditional recertification; or
(B) determine that the member should be noncertified.
(d)(1) If the Secretary, based upon the recommendation of the
Chairman, determines that a member of the Board should be
noncertified, that member's appointment as a member of the Board
shall be terminated and that member shall be removed from the
Board.
(2)(A) Upon removal from the Board under paragraph (1) of a
member of the Board who before appointment to the Board served as
an attorney in the civil service, the Secretary shall appoint that
member to an attorney position at the Board, if the removed member
so requests. If the removed member served in an attorney position
at the Board immediately before appointment to the Board,
appointment to an attorney position under this paragraph shall be
in the grade and step held by the removed member immediately before
such appointment to the Board.
(B) The Secretary is not required to make an appointment to an
attorney position under this paragraph if the Secretary determines
that the member of the Board removed under paragraph (1) is not
qualified for the position.
(e)(1) A member of the Board (other than the Chairman or a member
of the Senior Executive Service) may be removed as a member of the
Board by reason of job performance only as provided in subsections
(c) and (d). Such a member may be removed by the Secretary, upon
the recommendation of the Chairman, for any other reason as
determined by the Secretary.
(2) In the case of a removal of a member under this section for a
reason other than job performance that would be covered by section
7521 of title 5 in the case of an administrative law judge, the
removal of the member of the Board shall be carried out subject to
the same requirements as apply to removal of an administrative law
judge under that section. Section 554(a)(2) of title 5 shall not
apply to a removal action under this subsection. In such a removal
action, a member shall have the rights set out in section 7513(b)
of that title.
(f) The Chairman, subject to the approval of the Secretary, shall
establish standards for the performance of the job of a member of
the Board (other than the Chairman or a member of the Senior
Executive Service). Those standards shall establish objective and
fair criteria for evaluation of the job performance of a member of
the Board.
(g) The Secretary shall prescribe procedures for the
administration of this section, including deadlines and time
schedules for different actions under this section.