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38 CFR § 20.107 - Rule 107. Disqualification of Members.

---
identifier: "/us/cfr/t38/s20.107"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "38 CFR § 20.107 - Rule 107. Disqualification of Members."
title_number: 38
title_name: "Pensions, Bonuses, and Veterans' Relief"
section_number: "20.107"
section_name: "Rule 107. Disqualification of Members."
chapter_name: "DEPARTMENT OF VETERANS AFFAIRS"
part_number: "20"
part_name: "BOARD OF VETERANS' APPEALS: RULES OF PRACTICE"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "38 U.S.C. 501(a) and as noted in specific sections."
regulatory_source: "57 FR 4109, Feb. 3, 1992, unless otherwise noted."
cfr_part: "20"
---

# 20.107 Rule 107. Disqualification of Members.

(a) *General.* A Member of the Board will disqualify himself or herself in a hearing or decision on an appeal if that appeal involves a determination in which he or she participated or had supervisory responsibility in the agency of original jurisdiction prior to his or her appointment as a Member of the Board, or where there are other circumstances which might give the impression of bias either for or against the appellant.

(b) *Disqualification of Members by the Chairman.* The Chairman of the Board, on his or her own motion, may disqualify a Member from acting in an appeal on the grounds set forth in paragraph (a) of this section and in those cases where a Member is unable or unwilling to act.

(Authority: 38 U.S.C. 7102, 7104, 7106)

[57 FR 4104, Feb. 3, 1992, as amended at 61 FR 20449, May 7, 1996. Redesignated at 84 FR 177, Jan. 18, 2019, as amended at 84 FR 4337, Feb. 15, 2019]