Internal Operating Procedures - page 7

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sections 4, 5, or 6, below, apply. The Senior Judge will consult with the Chief Judge and
the Clerk to determine a date after which the Senior Judge will no longer be eligible for
panel assignment.
(2) The Court has adopted the standard enumerated in
Frankel v. Derwinski
, 1 Vet.App. 23
(1990), to decide whether matters should be decided by a panel or by a single Judge. If
the screening Judge determines that a matter is of relative simplicity and panel decision is
not warranted under
Frankel
, then a single Judge may affirm, reverse, modify, set aside,
vacate, or remand the decision of the Board of Veterans' Appeals (Board).
(3) If the screening Judge determines that a case is appropriate for single-judge disposition,
the screening Judge assumes responsibility for the decision and proceeds in accordance
with Section II, below. A request for oral argument generally is not granted for cases
deemed appropriate for single-judge disposition.
(4) If the screening Judge is eligible to serve on a panel and determines that the case is
appropriate for panel consideration, the Judge requests that the Clerk create a panel
composed of the screening Judge and two additional eligible Judges selected at random
and the matter proceeds in accordance with Section V, below.
(5) If a screening Judge in regular active service determines that en banc review is
warranted, the screening Judge and CLS follow the procedure in Section VII(b)(2),
below.
(6) If a Senior Judge is not available to serve on panels and determines that a case assigned
for screening is likely appropriate for panel consideration, the matter generally is
returned to CLS for rotational reassignment to the next available Judge..
II. SINGLE-JUDGE ACTION
(a) Policy.
Memorandum decisions are used for any decision by a single Judge disposing of an
appeal, unless the action is taken pursuant to a motion, in which case an order is issued.
(b) Procedure.
(1)
Circulation.
A screening Judge who determines that a matter is appropriate for single-
judge disposition assumes responsibility for the matter and drafts a memorandum
decision or an order as appropriate. The screening Judge circulates the decision (except
one dismissing a case for failure to pay the filing fee or to file a brief) to all Judges for
review and comment for the period prescribed in Section X(b), below. Within that
circulation period, any editorial comments are sent to the author Judge, any substantive
comments or requests for panel consideration are sent to all Judges, and any request for
en banc review is sent to CLS with copies to all Judges pursuant to Section VII, below.
A Senior Judge may not participate in calling a circulating case to panel unless the Senior
Judge is the screening Judge on the matter.
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