38 CFRUpdated
Regulation text

§ 20.705Rule 705. Functions of the presiding Member.

The full text of this section from 38 CFR. Check the official source for the controlling version before you rely on it.

View official source

Looking for something else?

Full text of § 20.705216 words

(a)

General. The presiding Member is responsible for the conduct of a Board hearing in accordance with the provisions of subparts G and H of this part.

(b)

Duties. The duties of the presiding Member include, but are not limited to, any of the following:

(1) Conducting a prehearing conference, pursuant to § 20.707;

(2) Ruling on questions of procedure;

(3) Administering the oath or affirmation;

(4) Ensuring that the course of the Board hearing remains relevant to the issue or issues on appeal;

(5) Setting reasonable time limits for the presentation of argument;

(6) Prohibiting cross-examination of the appellant and any witnesses;

(7) Determining whether documentary evidence, testimony, and/or argument is relevant or material to the issue or issues being considered and not unduly repetitious;

(8) Terminating a Board hearing or directing that an offending party, representative, witness, or observer leave the hearing if that party persists or engages in disruptive or threatening behavior;

(9) Disallowing or halting the use of personal recording equipment being used by an appellant or representative if it becomes disruptive to the hearing; and

(10) Taking any other steps necessary to maintain good order and decorum.

(c)

Ruling on motions. The presiding Member has the authority to rule on any Board hearing-related motion.

[84 FR 187, Jan. 18, 2019]

End of § 20.705

This text is a rendering of § 20.705. The official version is the one that governs your claim.

View official source
What next

Using this section

A regulation only helps if you point at it. Here is how to put this one to work.

  1. Cite it by number

    Write § 20.705 into your statement and quote the sentence you are relying on. A rater reading a claim that names the rule spends less time guessing what you meant.

  2. Find the rest of the rule

    Sections cross-reference each other constantly. Search 38 CFR and M-21-1 for any reference this one sends you to.

  3. Check the percentages

    Procedure is one half of a claim; the rating criteria are the other. Browse the rating schedule for the diagnostic code that covers your condition.

See what this means for your claim.

Six reads your file against the rules that actually apply to it and tells you what the VA is still missing.

Start for freeBrowse all VA regulations →