---
kind: "section"
citation: "38 C.F.R. § 20.107"
title: "38"
number: "20.107"
heading: "Rule 107. Disqualification of Members."
url: "https://uscodex.org/cfr/38/20.107"
---

# §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)](#a) of this section and in those cases where a Member is unable or unwilling to act.

## Notes

### Amendments

[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]

### 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

[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]