Rule 3: Appellate Procedure
(a) Filing. To appeal a Board of Veterans' Appeals (Board) decision, a person adversely affected by the decision must file a Notice of Appeal with the Clerk, within the time allowed by law. See Rule 4(a). Because the Notice of Appeal will likely contain personal identifiers, that electronic record will be locked and accessible through CM/ECF only to CM/ECF Users in that case. See E-Rule 4(b). Failure to file a timely Notice of Appeal in accordance with law will result in dismissal of the appeal, except to the extent an untimely Notice of Appeal satisfies Rule 4(a)(3). See also Rule 38(b) (Failure to Act).
(b) Service. The appellant shall serve a copy of the Notice of Appeal on any party to the proceedings before the Board other than the Secretary of Veterans Affairs (Secretary), as well as any person whose absence from the appeal may as a practical matter impair or impede that person's ability to protect his or her interest. See Rule 25 (Filing and Service).
(c) Content. The Notice of Appeal-
(1) should show the name, address, and telephone number of the person or persons making the appeal, and the appropriate Department of Veterans Affairs (VA) claims file number;
(2) shall reasonably identify the Board decision appealed from and be capable of being reasonably construed, on its face or from the surrounding circumstances, as expressing an intent to seek Court review of that decision; and,
(3) if filed by a representative, must be accompanied by the documents specified in Rule 46(b)(1)(A)(Appellant's Representative).
Form 1 in the Appendix of Forms is the recommended form for a Notice of Appeal.
(d) Joint Appeals. If more than one person is entitled to appeal from a decision of the Board and their interests make joinder practicable, they may file a joint Notice of Appeal and the case shall proceed as a single appeal or, if separate Notices of Appeal have been filed timely, the parties may jointly move to join appeals and, if the motion is granted, the case shall thereafter proceed as a single appeal. See also Rule 15 (Intervention).
(e) Consolidated Appeals. Appeals may be consolidated by order of the Court on its own initiative or on a party's motion. Any motion to consolidate must assert why consolidation is appropriate, be served on all involved parties, and comply with the requirements of Rule 27 (Motions).
(f) Payment of Fees. A $50 nonrefundable filing fee, payable to "U.S. Court of Appeals for Veterans Claims," shall be submitted with the filing of the Notice of Appeal or received by the Court not later than 14 days after the filing of the Notice of Appeal. But see Rule 24 (Waiver of Filing Fee).
(g) Addresses and Fax Number. The Court's mailing address is: Clerk of the Court, U.S. Court of Appeals for Veterans Claims, 625 Indiana Avenue, NW, Suite 900, Washington, DC 20004-2950. The Court's fax number is: (202) 501-5848. The Court's website is located at www.uscourts.cavc.gov.
(h) Translations. The Court conducts its reviews and deliberations in English. Any document transmitted to the Court in a language other than English shall be accompanied by an English translation that is certified as true and correct by the translator, pursuant to 28 U.S.C. § 1746.Back