Claim Raven explanation
What this means
This statute addresses how the Board organizes appeals and handles hearing requests. It also provides for advancing certain cases out of their usual order when the applicable conditions are met.
A hearing changes the appeal process and can affect the available evidence window. An advancement request requires a qualifying basis; it does not promise a particular decision date or result.
How this helps your claim
Decide whether testimony would help explain the disputed facts, and confirm the hearing choice on the appeal form. If requesting advancement, submit evidence of the specific qualifying circumstance.
What to check in your records
Use your decision, examination reports, and relevant records to check the following points.
- Check the docket and hearing election recorded for the appeal.
- Save hearing notices and any request to change the hearing method.
- Gather supporting evidence for any request to advance the appeal on the docket.
Separate hearing choice from case priority
A hearing provides an opportunity within the selected appeal process, while docket order and advancement address when the case is considered. Those are different procedural questions. Keep the hearing request and any advancement request identifiable in the record.
If a qualifying reason for advancement is raised, provide the actual supporting facts through the applicable procedure. A serious claim outcome is not itself the same as an established advancement ground. The selected docket also affects the evidence framework under related provisions.
Does requesting a hearing automatically move my appeal ahead?
No. Hearing selection and advancement are governed by different requirements. A hearing can affect scheduling and evidence opportunities without guaranteeing faster disposition. Read the applicable docket and priority provisions rather than assuming the request establishes a particular place in line or completion date.
Official statutory text
38 USC § 7107
OLRC release through Public Law 119-102 (July 12, 2026). Layout and spacing are adapted for reading. The statutory text is shown here; publisher source credits and editorial notes remain in the linked official release.
§ 7107. Appeals: dockets; hearings
(a) Dockets.—(1) Subject to paragraph (2), the Board shall maintain at least two separate dockets.
(2) The Board may not maintain more than two separate dockets unless the Board notifies the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives of any additional docket, including a justification for maintaining such additional docket.
(3)(A) The Board may assign to each docket maintained under paragraph (1) such cases as the Board considers appropriate, except that cases described in clause (i) of subparagraph (B) may not be assigned to any docket to which cases described in clause (ii) of such paragraph are assigned.
(B) Cases described in this paragraph are the following:
(i) Cases in which no Board hearing is requested.
(ii) Cases in which a Board hearing is requested in the notice of disagreement.
(4) Except as provided in subsection (b), each case before the Board will be decided in regular order according to its respective place on the docket to which it is assigned by the Board.
(b) Advancement on the Docket.—(1) A case on one of the dockets of the Board maintained under subsection (a) may, for cause shown, be advanced on motion for earlier consideration and determination.
(2) Any such motion shall set forth succinctly the grounds upon which the motion is based.
(3) Such a motion may be granted only—
(A) if the case involves interpretation of law of general application affecting other claims;
(B) if the appellant is seriously ill or is under severe financial hardship; or
(C) for other sufficient cause shown.
(c) Manner and Scheduling of Hearings for Cases on a Docket That May Include a Hearing.—(1) For cases on a docket maintained by the Board under subsection (a) that may include a hearing, in which a hearing is requested in the notice of disagreement, the Board shall notify the appellant whether a Board hearing will be held—
(A) at its principal location; or
(B) by picture and voice transmission at a facility of the Department where the Secretary has provided suitable facilities and equipment to conduct such hearings.
(2)(A) Upon notification of a Board hearing at the Board’s principal location as described in subparagraph (A) of paragraph (1), the appellant may alternatively request a hearing as described in subparagraph (B) of such paragraph or subparagraph (C) of this paragraph. If so requested, the Board shall grant such request.
(B) Upon notification of a Board hearing by picture and voice transmission as described in subparagraph (B) of paragraph (1), the appellant may alternatively request a hearing as described in subparagraph (A) of such paragraph or subparagraph (C) of this paragraph. If so requested, the Board shall grant such request.
(C)(i) Upon notification of a Board hearing under subparagraph (A) or (B) of paragraph (1), the appellant may alternatively request a hearing by picture and voice transmission—
(I) at a location selected by the appellant; and
(II) via a secure internet platform established and maintained by the Secretary that protects sensitive personal information from a data breach.
(ii) If an appellant makes a request under clause (i), the Board shall grant such request.
(d) Screening of Cases.—Nothing in this section shall be construed to preclude the screening of cases for purposes of—
(1) determining the adequacy of the record for decisional purposes; or
(2) the development, or attempted development, of a record found to be inadequate for decisional purposes.
(e) Policy on Changing Dockets.—The Secretary shall develop and implement a policy allowing an appellant to move the appellant’s case from one docket to another docket.
Related references
- 38 USC § 5107: Benefit of the doubt in VA claims
- 38 CFR § 3.159: VA duty to assist: records and examinations
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