---
kind: "section"
citation: "38 C.F.R. § 20.1004"
title: "38"
number: "20.1004"
heading: "Rule 1004. Reconsideration panel."
url: "https://uscodex.org/cfr/38/20.1004"
---

# §20.1004. Rule 1004. Reconsideration panel.

- (a) **Assignment of Members.** When a motion for reconsideration is allowed, the Chairman will assign a panel of three or more Members of the Board, which may include the Chairman, to conduct the reconsideration.
- (b) **Number of Members constituting a reconsideration panel.** In the case of a matter originally decided by a single Member of the Board, the case shall be referred to a panel of three Members of the Board. In the case of a matter originally decided by a panel of Members of the Board, the case shall be referred to an enlarged panel, consisting of three or more Members than the original panel. In order to obtain a majority opinion, the number of Members assigned to a reconsideration panel may be increased in successive increments of three.
- (c) **Members included in the reconsideration panel.** The reconsideration panel may not include any Member who participated in the decision that is being reconsidered. Additional Members will be assigned in accordance with [paragraph (b)](#b) of this section.

## Notes

### Amendments

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

### Authority

Authority: 38 U.S.C. 501(a) and as noted in specific sections.

### Source

Source: 57 FR 4109, Feb. 3, 1992, unless otherwise noted.

### Amendments

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