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.