Reconsideration of decisions of Board of Veterans' Appeals

Section 7103 of title 38, United States Code, is amended to read as follows: 7103. Reconsideration; correction of obvious errors (a) Orders of the Chairman (1) The decision of the Board determining a matter under section 7102 of this title is final unless the Chairman orders reconsideration of the decision in accordance with paragraph (2). Such an order may be made on the Chairman’s initiative or upon motion of the claimant. (2) (A) Upon the order of the Chairman for reconsideration of the decision in a case, the case shall be referred— (i) in the case of a matter originally decided by a single member of the Board, to a panel of not less than three members of the Board; or (ii) in the case of a matter originally decided by a panel of members of the Board, to an enlarged panel of the Board. (B) A panel referred to in subparagraph (A) may not include the member, or any member of the panel, that made the decision subject to reconsideration. (C) A panel reconsidering a case under this subsection shall render its decision after reviewing the entire record before the Board. The decision of the panel shall be made by a majority vote of the members of the panel. The decision of the panel shall constitute the final decision of the Board. (b) Correction of obvious errors The Board on its own motion may correct an obvious error in the record, without regard to whether there has been a motion or order for reconsideration. (c) Motion of claimant (1) (A) A claimant may submit to the Board a motion requesting a review of the decision of a member of the Board by a different member or panel of members of the Board. (B) The Chairman shall approve each request for review under subparagraph (A). (2) A request for higher-level review by the Board shall be— (A) in writing in such form as the Secretary may prescribe; and (B) made within the timeframe given to appeal a decision of the Board. (3) Notice of a decision under this subsection shall be provided to the claimant (and any representative of such claimant) and shall include a general statement— (A) reflecting whether evidence was not considered pursuant to paragraph (4); and (B) noting the options available to the claimant to have the evidence described in subparagraph (A), if any, considered by the Department. (4) The evidentiary record before a member of the Board shall be limited to the evidence of record in the Board decision being reviewed. (5) A reconsideration of a decision under this subsection shall be de novo..