UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

RULES OF

PRACTICE AND PROCEDURE

Effective September 15, 2011, for all business before the Court

(Includes adopted clerical revisions as of February 3, 2012)
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

RULES OF PRACTICE AND PROCEDURE

Effective September 15, 2011, for all business before the Court

Table of Contents

Rule 1. Scope of Rules

Rule 2. Suspension of Rules

Rule 3. Appellate Procedure

Rule 4. Filing Appeal; Docketing; Copy of Board Decision

Rule 5. Stay of Appellate Proceedings

Rule 6. Protection of Privacy

Rule 7. (Reserved)

Rule 8. Suspension of Secretarial Action or Suspension of Precedential Effect of Decision

of this Court 

Rule 9. (Reserved)

Rule 10. Record Before the Agency

Rules 11-14. (Reserved)

Rule 15. Intervention

Rules 16-20. (Reserved)

Rule 21. Extraordinary Relief

Rules 22-23. (Reserved)

Rule 24. Waiver of Filing Fee

Rule 25. Filing and Service

Rule 26. Computation and Extension of Time

Rule 27. Motions

Rule 28. Briefs

Rule 28.1. Record of Proceedings

Rule 29. Brief of an Amicus Curiae

Rule 30. Citation of Certain Authority

Rule 31. Filing and Service of Briefs

Rule 32. Form of Briefs, Appendices, and Other Documents

Rule 33. Staff Conference

Rule 34. Oral Argument

Rule 35. Motions for Reconsideration, Panel Decision, or Full Court Review

Rule 36. Entry of Judgment

Rule 37. Retention Requirements for Documents

Rule 38. Frivolous Filings; Failure to Act

Rule 39. Attorney Fees and Expenses 

Rule 40. Rules Advisory Committee

Rule 41. Mandate

Rule 42. Voluntary Termination or Dismissal

Rule 43. Substitution of Parties

Rule 44. Judicial Conference
Rule 45. Duties of Clerk

Rule 46. Practice Before the Court and Representation

Rule 46.1. Self-Representation

Rule 47. Expedited Proceedings

Rule 48. Sealing of Cases

Rule 49. Complaints Against Judges

Appendix of Forms
RULE 1. SCOPE OF RULES

(a) Scope. These Rules, as supplemented bythe E-Rules specificallyapplicable to electronic

filing for the Case Management/Electronic Case Filing (CM/ECF) system, govern practice and

procedure in the U.S. Court of Appeals for Veterans Claims (the Court), a court of national

jurisdiction. The E-Rules are on our website at www.uscourts.cavc.gov.

(b) Effect on Court's Jurisdiction. Neitherthese Rules nor the E-Rules extend or limit the

jurisdiction of the Court.

(c) Electronic Filing. Electronic filing is mandatory for all represented parties, absent a

waiver from the Clerk of the Court (Clerk). Individuals who have registered to participate in

electronic filing are called CM/ECF Users. Only upon Court approval may a self-represented party

become a CM/ECF User. See E-Rules 2(e) and 3. Where applicable in these Rules, the

corresponding E-Rule has been cited. For CM/ECF Users, if there is any conflict between these

Rules and the E-Rules, the E-Rules apply.

RULE 2. SUSPENSION OF RULES

On its own initiative or on a party's motion, the Court may suspend any provision of these

Rules and otherwise order proceedings as it sees fit.

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) (Time for Appeal). 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 timely file a Notice of Appeal in accordance with law

will result in dismissal of the appeal. 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;

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(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 IndianaAvenue,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.

RULE 4. FILING APPEAL; DOCKETING; COPY OF BOARD DECISION

(a) Time for Appeal. A Notice of Appeal must be received by the Clerk not later than 120

days after the date on which the Board mailed notice of the decision to the last known address of the

appellant and the appellant's authorized representative, if any. See also Rule 25 (Filing and Service).

A Notice of Appeal is deemed received– 

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(1) on the date of its legible postmark, affixed by the U.S. Postal Service (not including a

postage-metered date imprint other than one affixed by the U.S. Postal Service) on the cover in

which the Notice of Appeal is posted, if the mailing is properly addressed to the Court and is mailed;

or

(2) on the date of its receipt by the Clerk, if it does not bear a legible postmark affixed by

the U.S. Postal Service, or if it is delivered or sent by means other than U.S. mail. But see Rule

25(b)(1)(B) (filing and service for appellant confined in an institution).

(b) Docketing.

(1) Docketing the appeal. Upon receipt of the Notice of Appeal, the Clerk will docket the

appeal, identifying the appellant by name, unless otherwise ordered by the Court.

(2) Designation of public official. The Secretary shall be described as the "appellee" by

name and official title.

(3) Notice of docketing. The Clerk shall send a notice of docketing to all parties advising

them of the date the Clerk received the Notice of Appeal.

(c) Copy of Board Decision. Not later than 30 days after the date the Clerk issues the notice

of docketing (see subsection (b)(3)), the Secretary shall file with the Clerk under separate docket

entries and serve on the appellant a copy of the Board's decision, showing– 

(1) the date on which notice of the decision was mailed, with any personal identifiers

redacted except the name of the appellant (see E-Rule1(a)(10) (definition of "personal identifier"));

(2) a reference transmittal identifying the Board decision with any necessary personal

identifiers, which when electronically filed will be locked (see E-Rule 4(d)); and

(3) if applicable, the filing date of any motion for reconsideration or vacatur of the Board

decision, and the date and nature of any action on such a motion.

RULE 5. STAY OF APPELLATE PROCEEDINGS

(a) Grounds. On its own initiative or on a motion by a party or an organization operating

under the provisions of Public Law No. 102-229, the Court may stay its proceedings when– 

(1) a motion has been filed for the Board to reconsider or vacate its decision, or

(2) an organization operating under the provisions of Public Law No. 102-229 is conducting

case evaluation, or

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(3) it is otherwise in the interest of judicial efficiency. See also Rule 45(g)(5).

(b) Effect of Stay. Unless and until the Court grants a motion under this Rule, such a

motion does not suspend proceedings or interrupt preexisting filing schedules. Unless otherwise

ordered, when a stay expires or is lifted, the preexisting filing schedule resumes at the point at which

it was stayed.

(c) Continuation of Stay. Prior to the expiration of a stay, a party or an organization

operating under the provisions of Public Law No. 102-229 may move for continuation of the stay. 

Such motion shall satisfy the requirements of Rule 27(a) (Content of Motions), but is not governed

by Rule 26(b) (Extension of Time).

(d) Combined Motions Prohibited. A motion to stay the Court's proceedings may not be

combined with any other motion. The Clerk will return any motion that violates this subsection.

Practitioner's Note: At the time these Rules were promulgated, the organization

operating under the provisions of Public Law No. 102-229 was The Veterans

Consortium Pro Bono Program. 

RULE 6. PROTECTION OF PRIVACY

See also Rule 48 (Sealing of Cases) and E-Rule 4 (Locked Documents, Redaction) 

(a) Public Records. Court records are public records and once filed are not protected by

Federal privacy statutes or regulations. Pursuant to the Court's E-Rules, certain documents are

locked; parties may seek to have additional documents locked (see E-Rules 4 and 1(a)(4)) or sealed

pursuant to Rule 48 (Sealing of Cases). Therefore, parties shall refrain from putting a VA claims

file number or other personal identifier (e.g., Social Securitynumber, date of birth, financial account

number, name of minor child) on any filings not locked or sealed; use of the Court's docket number

is sufficient identification. In addition, parties shall redact any VA claims file number or other

personal identifier from other documents submitted to the Court that are not locked or sealed. 

(b) Uniformity. For purposes of uniformity, redactions should be made as follows:

(1) for Social Security numbers, use only the last four digits,

(2) for date of birth, use only the year,

(3) for financial account numbers, use only the last four digits or a lesser number if needed

to preserve privacy,

(4) for the name of a minor child, use only the initials. 

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(c) Challenges. Parties who wish to challenge a redaction may do so by filing a motion with

the Court within 15 days of the redacted document's filing.

RULE 7. (RESERVED)

RULE 8. SUSPENSION OF SECRETARIAL ACTION OR

SUSPENSION OF PRECEDENTIAL EFFECT OF DECISION OF THIS COURT

(a) Filing of Motion. After an appeal or petition has been filed, a party seeking a Court

order to suspend action by the Secretary or the Board or the precedential effect of a decision issued

by this Court pending its appeal shall submit for filing with the Clerk a motion and serve a copy on

all other parties by an expedited method (including express mail, overnight delivery, fax or other

electronic transmission, or hand delivery). 

(b) Content. The motion shall– 

(1) state the reason for the relief requested and the facts relied on; and

(2) be supported by affidavits or other sworn statements addressing any facts in dispute.

RULE 9. (RESERVED)

RULE 10. RECORD BEFORE THE AGENCY

(a) Record Before the Agency. Not later than 60 days following the notice of docketing,

the Secretary shall:

(1) copy all materials that were contained in the claims file on the date the Board issued the

decision from which the appeal was taken;

(2) copy any other material from the record before the Secretary and the Board relevant to

the Board decision on appeal (Note: material postdating the Board decision on appeal generally will

not be included in the record before the agency);

(3) assemble and paginate all documents, keeping attachments with their respective

document. The decision of the Board from which the appeal was taken shall be the first document,

followed by a list of any record matter that cannot be duplicated. The assembled document is the

record before the agency;

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(4) serve a copy of the record before the agency on the appellant; and

(5) submit under a separate docket entry a notice with the Clerk certifying that the record

before the agency has been served.

(b) Disputes. If any dispute arises as to the preparation or content of the record before the

agency, the Court, on motion of any party, will resolve the matter. Any motion shall describe the

good faith efforts that the parties have made to resolve the dispute and shall be submitted to the

Clerk to be filed within 14 days after the record before the agency has been served. An opposing

party may submit to the Clerk for filing a response to such a motion within 7 days after the motion

is served.

(c) Filing the Record Before the Agency. The record before the agencymay include many

documents not relevant to the issues on appeal. It will not be filed with the Court unless the Court

so orders. 

(d) Access of Parties or Representatives to Original Record. After a Notice of Appeal

has been filed, the Secretary shall permit a party or a representative of a party to inspect and to copy,

subject to reasonable regulation by the Secretary, any original material in the record before the

agency that is not subject to a protective order.

(e) Retention Requirements for Documents. See Rule 37 (Retention Requirements for

Documents).

RULES 11 THROUGH 14. (RESERVED)

RULE 15. INTERVENTION

(a) By Right. A person who participated in the proceedings before the Board may intervene

in an appeal before the Court by filing with the Clerk a notice of intervention and serving a copy on

all parties not later than 60 days after the date of the Clerk's notice of docketing (see Rule 4(b)(3)

(Notice of Docketing)). See also Rule 28(d) (Intervenor's Brief).

(b) With Permission. Any person who did not participate in the proceedings before the

Board and who seeks to intervene in an appeal before the Court shall submit for filing with the Clerk

a motion for permission to intervene and serve a copy on all parties not later than 60 days after the

date of the Clerk's notice of docketing (see Rule 4(b)(3) (Notice of Docketing)). The motion shall

contain a concise statement of the interest of the moving person or party and the grounds upon which

he or she seeks intervention. See also Rule 28(d) (Intervenor's Brief); Rule 27(b)

(Motions–Response or Opposition).

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(c) In Extraordinary Circumstances. After the expiration of the time limit set in

subsection (a) or (b), intervention will be permitted onlyon a finding of extraordinarycircumstances. 

(d) In Petitions for Writ of Mandamus. A person who seeks to intervene in a petition for

writ of mandamus shall submit for filing with the Clerk a motion for permission to intervene and

serve a copy on all parties within a reasonable time after the date of the Clerk's notice of docketing

(seeRule 4(b)(3) (Notice of docketing)). The motion shall contain a concise statement of the interest

of the moving person or party and the grounds upon which he or she seeks intervention. See also

Rule 28(d) (Intervenor's Brief); Rule 27(b) (Motions–Response or Opposition).

RULES 16 THROUGH 20. (RESERVED)

RULE 21. EXTRAORDINARY RELIEF

(a) Petition: Service, Content, and Filing. Extraordinary relief from the Court may only

be sought by filing a petition with the Clerk with proof of service on the respondent(s), the Secretary

(if not a respondent), and any other party in interest. The petition shall – 

(1) state the precise relief sought;

(2) state the facts necessary to understand the issues presented by the petition;

(3) state the reasons why the Court should grant the petition, including why the petitioner

has a clear and indisputable right to the writ and why there are inadequate alternative means to obtain

the relief sought;

(4) include an appendix containing copies of any order or decision or any other documents

necessary to understand and support the petition; and

(5) describe any public officer who is a respondent by name and official title. 

The requirements of Rules 3(f) (Payment of Fees) and 24 (Waiver of Filing Fee) apply to

petitions. Upon receipt of the filing fee (unless waived pursuant to Rule 24 (Waiver of Filing Fee)),

the Clerk will submit the petition to the Court.

(b) Form and Length of Documents; Translations.

(1) The requirements in Rule 32 (Form of Brief, Appendices, and Other Documents) apply

to petitions and answers thereto, except that a petition or answer may not exceed 20 pages. The

petition shall be captioned: "[Name of Petitioner], Petitioner, v. [Name and Title of Respondent],

Respondent." See also Rules 6 (Protection of Privacy) and 48 (Sealing of Cases). 

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(2) The requirements of Rule 3(h) (Translations) apply to any non-English-language

document appended to a petition or an answer.

(c) Consolidated Petitions. Petitions may be consolidated by order of the Court on its own

initiative or on a party's motion. Any motion to consolidate must contain an assertion of why

consolidation is appropriate, be served on all involved parties, and comply with the requirements of

Rule 27 (Motions). 

(d) Action on the Petition. Unless the Court concludes that the petition should be denied,

the Court will order the respondent(s) to file an answer to the petition within a fixed time. Two or

more respondents may answer jointly. If required, the Clerk will notify the parties of the time limits

for the filing of any briefs and of the date of any oral argument. 

RULES 22 and 23. (RESERVED)

RULE 24. WAIVER OF FILING FEE

Payment of the filing fee required by Rule 3(f) (Payment of Fees) or Rule 21(a) (Petition:

Service, Content, and Filing) will be waived, based on financial hardship, in any case where the

appellant (or petitioner) submits a declaration of financial hardship and that declaration is accepted

for filing. The Court may request additional information, as it deems appropriate. The declaration

of financial hardship will be subject to the penalty for perjury pursuant to 

28 U.S.C. § 1746. The declaration shall either be on Form 4 in the Appendix of Forms or contain

the detail called for in that form. If the declaration is found to lack a signature or to be otherwise

noncompliant, it will be returned; not later than the time fixed by the notice of returned documents,

either the filing fee shall be paid or a new declaration that addresses the deficiencies in the

noncompliant declaration shall be submitted. 

RULE 25. FILING AND SERVICE

(a) Document Submission and Filing. A document required or permitted to be filed in the

Court with regard to an appeal or petition for extraordinary reliefshall be submitted to the Clerk with

proof of service. See E-Rule 1(a)(6). Submitted documents otherwise properfor filing shall be filed

by the Clerk as of the date of receipt by the Clerk. Parties are responsible for delivery of any

document to the Court. Confirmation of receipt or filing may be obtained by accessing the case

docket on the Court's website at www.uscourts.cavc.gov.

(1) Notice of Appeal or petition for extraordinary relief. A Notice of Appeal or petition for

extraordinary relief may be submitted by mail, personal delivery or other delivery service, fax, or as

an attachment to an email, as designated in subsection (b).

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(2) Representatives, amici curiae, and others authorized to submit documents using 

CM/ECF. Subject to the exceptions in Rules 25(a)(1) (Document Submission and Filing) and 25(b)

(Method and Timeliness) for a Notice of Appeal or petition for extraordinary relief, and for a notice

of appearance, fee agreement, or declaration of financial hardship emailed concurrently with the

Notice of Appeal or petition for extraordinary relief, all submissions by a representative or amicus

curiae and others authorized to use CM/ECF shall be submitted electronically using CM/ECF.

(3) Self-represented litigants and others exempt from using CM/ECF. Subject to the

exception in Rule 25(a)(1) (Document Submission and Filing) for a Notice of Appeal or petition for

extraordinary relief, and a notice of appearance, fee agreement, or declaration of financial hardship

emailed concurrently with the Notice of Appeal or petition for extraordinary relief, all submissions

by a self-represented litigant and others who have not been approved for submitting documents

electronically using CM/ECF may be submitted bymail, personal delivery, or other deliveryservice. 

Additionally, any document other than a brief may be submitted by fax. See Rules 28 (Briefs) and

29 (Brief of an Amicus Curiae).

(b) Method and Timeliness. 

(1) Mail, personal delivery, or other delivery service. Submissions by mail, personal

delivery, or other delivery service shall be mailed or delivered to the Clerk of the Court, U.S. Court

of Appeals forVeterans Claims, 625 Indiana Avenue, NW, Suite 900, Washington, DC 20004-2950.

(A) Submissions through the U.S. Postal Service shall be deemed received by the Clerk

as of the date of postmark. Otherwise the Clerk shall use the actual date of receipt for filing

purposes.

(B) A document submitted through the U.S. Postal Service by a self-represented

appellant who is an inmate confined in an institution is timely filed if the document is

deposited in the institution's internal mail system within the time specified for filing and is

accompanied by evidence showing the date of deposit and stating that first-class postage has

been prepaid.

(2) Fax. Submissions by fax shall be faxed to the Clerk of the Court at 

(202) 501-5848. 

(A) The length of a fax submission is limited. A document submitted by fax shall not

exceed 10 pages. The coversheet of such submission does not count in determining the 10-

page limit. A document shall not be submitted by multiple transmissions to avoid the 10-

page limit.

(B) The Clerk shall use the actual date of receipt for filing purposes.

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(C) Faxed documents shall be preceded by a cover sheet showing the sender's name,

address, and telephone and fax numbers; the Court case number and caption; and the number

of pages being sent.

(3) Email. A Notice of Appeal, petition for extraordinary relief, or a notice of appearance,

fee agreement, or declaration of financial hardship submitted concurrently therewith, may be

submitted as an attachment to an email to the Clerk at esubmission@uscourts.cavc.gov. No other

documents may be submitted by email. The Clerk shall use the actual date of receipt for filing

purposes.

(4) CM/ECF. A separate docket entry shall be used for each document submitted using

CM/ECF. The Clerk shall consider the actual date of docket entry as the date of receipt for filing

purposes and that date shall constitute the date of filing unless the Clerk notes otherwise on the

docket. 

(c) Manner and Proof of Service. Any document submitted for filing with the Court shall

be served on all parties in the case.

(1) CM/ECF Users. When a document is submitted through the CM/ECF system, the system

will electronically generate a notice of docket activity. That notice shall constitute both service and

proof of service of the submitted document with regard to any party in that case who is also a

CM/ECF User.

(2) Non-CM/ECF Users. Service by or on a party who is a non-CM/ECF User shall be

accomplished by providing a copy of the document to be filed to a responsible person at the office

of the representative of a party, or the office or home of a party, by personal delivery, mail, or private

commercial carrier. Proof of service is accomplished by submitting with the document to be filed

either:

(A) an acknowledgment by the person served of his or her personal service, or

(B) a statement certified by the person(s) who made service, showing the date and

manner of service and the names and addresses of the persons served. 

Proof of service may appear on or be attached to the document filed. The Secretary's representative

is the General Counsel of the Department of Veterans Affairs, whose address is General Counsel

(027), Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420-0002.

 

(d) Identification. All documents submitted for filing with the Court must be submitted

under signature of the party submitting the document or of the party's representative of record. When

a document is submitted for filing through CM/ECF or email, it shall contain an "electronic

signature." See E-Rules1(a)(2) (Definitions) and 10 (Electronic Signatures).

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(e) Requirements for CM/ECF Users. 

(1) Representatives. Unless exempted bythe Court for good cause and except for documents

initiating cases in the Court (such as a Notice of Appeal or petition for extraordinary relief), all

documents submitted by a representative must be transmitted electronically using CM/ECF. See

generally E-Rules.

(2) Self-Represented litigants. Self-represented litigants mayfile documents using CM/ECF

only if they are approved by the Court. See generally E-Rules.

RULE 26. COMPUTATION AND EXTENSION OF TIME

(a) Computing Time.

(1) General rule. In computing a period of time set by these Rules, or by a Court order, or

by a statute, the day of the event that begins the period is not included. The last day of the period

is included, unless it is a Saturday, Sunday, legal holiday, or day the Court is closed at the direction

of the Chief Judge.

(2) Legal holidays. As used in this Rule, "legal holiday" means New Year's Day, Martin

Luther King, Jr.'s Birthday, Presidents' Day, Memorial Day, Independence Day, Labor Day,

Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day declared a

holiday by the President or Congress.

(3) Notices. Notice that the Court is closed or inaccessible will be posted publicly, on the

Court's website, if circumstances permit. See www.uscourts.cavc.gov.

(b) Extension of Time. The Court, on its own initiative or on a party's motion for good

cause shown, may extend the time set by these Rules for doing any act, or may permit an act to be

done after the expiration of such time, but the Court may not extend the time for filing a Notice of

Appeal or an application for attorney fees and expenses. See also Rule 5(a) (Stay of Appellate

Proceedings). The Court may grant an extension of time not to exceed a total of 45 days for any

particular filing for good cause. Any motion to extend the time set by these Rules or by an order or

notice of the Court beyond a total of 45 days for a particular filing will be granted only for

extraordinary circumstances.

(1) Content of motion. In addition to the information required by Rule 27(a) (Content of 

Motions), the motion shall state the following:

(A) the date to be extended;

(B) the revised date sought; 

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(C) the total number of days of extension previously granted to the movant in the merits

or attorney-fee application phase, as applicable, of the case;

(D) the total number of days of extension previously granted to the other party(ies) in

the merits or attorney-fee-application phase, as applicable, of the case; and

(E) a statement in compliance with Rule 27(a)(5) (Content of Motions).

(2) Opposition. Any opposition shall be filed with the Clerk not later than 5 days after the

non-moving party is served with a copy of that motion to extend time. The Court will treat the

motion as unopposed if no opposition is filed within this period.

(3) Effect of motion. A motion to extend time does not extend the date on which a pleading

or other document is due to be filed with the Court unless the Court grants that motion. See Rule

5(b) (Effect of Stay).

(4) Noncompliance. See Rule 45(j) (Noncompliant Submissions). 

(c) Additional Time After Service by Mail.

(1) General rule. If a party is required or permitted to do an act within a period initiated by

service of a document under these Rules on that party by another party and the document is served

by mail, 5 days are added to the period for doing that act.

(2) Service overseas by Secretary. If a document is served by the Secretary by means other

than through CM/ECF on an appellant, petitioner, orrepresentative who is located outside the United

States, Puerto Rico, or the Virgin Islands, 30 additional days are added to the applicable period.

(3) Court orders and notices. Additional time under this Rule is not added to the periods

set in Court orders and notices or in Rules 4 (Filing Appeal; Docketing; Copy of Board Decision),

35 (Motions for Reconsideration, Panel Decision, or Full Court Review), and 39(a) (Attorney Fees

and Expenses–Application).

(d) Combined Motions Prohibited. With the exception of a motion for leave to file an outof-time motion to extend time, a motion to extend time may not be combined with any other motion. 

The Clerk will return any motion that violates this subsection.

RULE 27. MOTIONS

(a) Content of Motions. Unless another form is required by these Rules, an application for

relief shall be made by filing a motion, with proof of service (see Rule 25(c) (Manner and Proof of

Service)) on all other parties. The motion shall– 

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(1) contain or be accompanied by any material required by any of the Rules governing such

a motion;

(2) state with particularity the specific grounds on which it is based;

(3) describe the relief sought; 

(4) not be accompanied by a proposed implementing order; and, 

(5) if the appellant is represented, indicate whether the motion is opposed and, if so, whether

the moving party has been advised that a response in opposition will be filed.

(b) Response or Opposition.

(1) Time to file. Unless otherwise prescribed in these Rules (see, e.g., Rule 26(b)(2)

(Computation and Extension of Time–Opposition)), any party may file a response or opposition to

a motion not later than 14 days after service of the motion, however, the Court may act on motions

authorized by Rule 8 (Suspension of Secretarial Action Or Suspension of Precedential Effect of

Decision of This Court) after reasonable notice of the motion has been provided to all parties. The

Court may shorten or extend the time for responding to any motion.

(2) Form of opposition. Unless the Court orders otherwise, an opposition to a motion shall

be filed by an opposing party in writing, and a motion will be considered unopposed if such an

opposition is not filed.

(c) Motions for Procedural Orders. Notwithstanding subsection (a) and except as

provided in the next sentence, the Court may act upon motions for procedural orders at any time

without awaiting a response, and, by rule or order of the Court, the Clerk may dispose of motions

for certain procedural orders. The Clerk may act on motions to extend time for good cause (but not

for extraordinary circumstances) if the motion is not opposed within 5 days after service on the other

party. See Rule 26(b)(2) (Computation and Extension of Time–Opposition). Any party who may

be adversely affected by the action may, by motion, request that the Court reconsider, vacate, or

modify the action not later than 10 days after the action is announced.

(d) Form and Length. Except by permission of the Court,

(1) a motion or response may not exceed 10 pages, and 

(2) the form requirements in Rule 32 (Form of Briefs, Appendices and other Documents)

for principal briefs apply to motions and responses. See also Rule 6 (Protection of Privacy) and

Rule 37 (Retention Requirements for Documents).

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(e) Prohibited Nondispositive Motions. Except as permitted by Rules 26(d) (Combined

Motions Prohibited) and 35(a)(1) (Motion for Reconsideration, Panel Decision, or Full Court

Review–Motion for Reconsideration–Permitted), no more than one subject may be addressed in any

nondispositive motion. The Clerk will return any motion that violates this subsection. 

(f) Effect of Motions. Filing a motion does not suspend proceedings or otherwise alter the

schedule for filing documents unless the Court grants the motion. See Rules 5(b) (Effect of Stay)

and 26(b)(3) (Effect of Motion).

RULE 28. BRIEFS

(a) Appellant's Brief. The appellant shall file a brief that, unless the appellant is selfrepresented and submits an informal brief pursuant to subsection (e), shall contain, in the following

order, the appropriate division headings and the following separate divisions:

(1) a table of contents, with page references;

(2) a table of authorities consisting of cases (alphabetically listed), statutes, other authorities

cited, and pages of the record before the agency cited (including a title or description for each

document) in numerical order by record citation, with references to the page of the brief where they

are cited (see Form 18 (Sample Format for Table of Authorities) in the Appendix of Forms);

(3) a statement of the issues; 

(4) (i) a statement of the case, showing briefly the nature of the case, the course of

proceedings, the result below, and the facts relevant to the issues, with appropriate page references

to the record before the agency;

(ii) when citing to the record, citations shall include the specific page(s) being cited,

followed in parentheses by citation to all pages of the document from which the referenced page is

cited. When relevant, specific pages for envelopes and date stamps associated with the document

shall be included. Parties shall not cite solely to the Board decision for any factual underlying issues

on appeal, unless the source document is unavailable;

Practitioner's Note: Parties are charged with exercising judgment in

determining what constitutes the document from which a page is cited. For

example, if there is a 3-page Notice of Disagreement (NOD) with 100 pages of

attachments and the brief is citing page 2 of the NOD and the attachments are

not essential to or referenced in the brief, the party need only cite the 3 pages of

the NOD (e.g., R. at 44 (43-45)). As another example, service medical records

as a whole would not constitute one document, but an entrance examination

report would.

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(5) an argument, beginning with a summary and containing the appellant's contentions with

respect to the issues and the reasons for those contentions, with citations to the authorities and pages

of the record before the agency; and,

(6) a short conclusion stating the precise relief sought.

(b) Secretary's Brief.

(1) Content. The Secretary shall file a brief that conforms to the requirements of subsection

(a), but a statement of the issues or of the case need not be made unless the Secretary is dissatisfied

with the appellant's statement.

(2) Assertion of Board error. The Secretary shall include in the argument section of the brief

any agreement with the appellant's assertion of Board error, as well as any independent assertion of

Board error deemed material and relevant to the matters on appeal. 

(3) Appropriate relief. For any assertion of Board error by the Secretary, the Secretary shall

identify the relief that the Secretary considers appropriate.

(c) Reply Brief. The appellant may file a brief in reply to the Secretary's brief. The reply

brief shall contain a table of authorities that conforms to the requirements of subsection (a)(2).

(d) Intervenor's Brief. An intervenor may file a brief not later than 30 days after the

appellant's reply brief is filed or due. See Rule 31(a) (Filing and Service of Briefs–Time Limits). 

An intervenor's brief shall conform to the requirements of subsection (a), but a statement of the

issues or of the case need not be made if the intervenor adopts either the appellant's or the Secretary's

statement.

(e) Self-Represented Party's Brief. Only a self-represented party may submit an informal

brief. The informal brief form provided by the Court may be used. Informal briefs are exempt from

the requirements of subsection (a) of this Rule and from the requirements of Rule 32 (Forms of

Briefs, Appendices, and Other Documents). An informal brief must comply with the Rule 32(f)

identification requirement and may not be longer than 30 pages.

(f) Amicus Curiae Brief. See Rule 29 (Brief of an Amicus Curiae).

(g) Motions Prohibited. After the Court has issued the initial notice to file a brief to the

appellant, the Court will not accept a motion, other than a joint motion for remand or termination,

from any party in lieu of a brief required by subsections (a) through (c). A motion may not be

included as part of any brief; the Court will not act on any motion so included. The Clerk will return

any motion that violates this subsection.

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(h) References to the Record Before the Agency. References in the briefs to the record

before the agency shall be to the pages as transmitted by the Secretary, as described in Rule 10(a)

(Record Before the Agency). See also Rule 28.1(a) (Preparation of the Record of Proceedings).

Commonly understood abbreviations may be used. 

(i) Reproduction of Documents. If determination of the issues requires consideration of

superseded statutes, rules, or regulations, or unpublished authorities, relevant parts shall be

reproduced in the brief or in an appendix. Documents in the record before the agency may not be

reproduced in or attached to the brief.

(j) Multiple Appellants. In casesinvolvingmore than one appellant, including consolidated

cases, any number of appellants may join in a single brief, and any appellant may adopt by reference

any part of the brief of another. Appellants may similarly join in reply briefs.

RULE 28.1. RECORD OF PROCEEDINGS

(a) Preparation of the Record of Proceedings.

(1) Preparation and contents. The Secretaryshall prepare and file the record of proceedings. 

The record of proceedings shall contain:

(A) the Board decision(s) being appealed; 

(B) any document from the record before the agency cited in a brief, in its entirety, with

any associated envelope or date stamp if relevant (See Practitioner's Note to

Rule 28(a)(4)(ii)); and,

(C) any other documents before the Secretary and the Board that are relevant to the

issues before the Board that are on appeal to the Court or relevant to issues otherwise raised

in the appeal.

(2) Arrangement and pagination. The record of proceedings shall have a cover containing

the official caption of the appeal and shall be arranged and paginated in the same order as the

documents appeared in the record before the agency. Because certain documents in the record before

the agency may not be included in the record of proceedings, this arrangement may result in pages

not having consecutive numbers, e.g., page 22 may be followed immediately by page 43.

(3) Time for filing. The Secretary shall file and serve the record of proceedings on all parties

not later than 14 days after the reply brief is filed and served, or if no reply brief is filed, not later

than 14 days after the reply brief was due in accordance with Rule 31(a)(3) (Time Limits for Filing

and Service of Briefs). See also Rule 47(b) (Expedited Proceedings–Filing and Service of

Documents), as applicable.

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(b) Disputes. If any dispute arises as to the preparation or contents of the record of

proceedings, the Court, on its own initiative or on motion of any party, will resolve the matter. Any

party's motion shall be filed within 14 days after the record of proceedings has been served and shall

describe the good faith efforts that have been made to resolve the dispute. An opposing party may

file a response to such a motion not later than 7 days after the motion is served.

(c) Additional Record Material. The Court may direct any party to file additional record

material.

RULE 29. BRIEF OF AN AMICUS CURIAE

(a) When Permitted. A brief submitted to the Court by an amicus curiae will be filed by

the Clerk only after the Court has granted a motion for leave to file.

(b) Motion for Leave To File. The motion must be accompanied by the proposed brief and

state:

(1) the movant's interest and whether all parties consent to the filing of the brief;

(2) why the matters asserted are relevant to the disposition of the case; and

(3) why the Court should grant leave to file the motion.

(c) Time. An amicus curiae must submit the motion for leave to file not later than 7 days

after the principal brief of the party being supported is filed unless the Court permits later filing. An

amicus curiae that does not support either party must file its brief no later than 7 days after the

appellant's or petitioner's principal brief is filed.

(d) Form and Content. An amicus brief must comply with Rules 25 (Filing and Service),

28(a)(1), (5), and (6), 28(h) and (i) (Briefs), 30 (Citation of Certain Authority), and 32 (Form of

Briefs, Appendices and Other Documents); state, at the outset of the brief, which party the amicus

curiae supports, if any, and the interest of the amicus curiae; and provide a concise statement of the

identity of the amicus curiae, its interest in the case, and the source of its authority to file. The brief

must avoid repeating the parties' briefs and should focus on the points not made or not emphasized

in them.

(e) Length. An amicus brief may be no more that one-half the maximum length authorized

by these Rules for a party's principal brief. If the Court grants a party permission to file a longer

brief, that extension does not affect the length of an amicus brief.

(f) Reply Brief. An amicus curiae may not file a reply brief.

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RULE 30. CITATION OF CERTAIN AUTHORITY

(a) Citation of Nonprecedential Authority. A party, intervenor, or amicus curiae may not

cite as precedent any action designated as nonprecedential by the Court or any other court, or that

was withdrawn after having been published in a reporter, except when the cited action has binding

or preclusive effect in the case on appeal (such as via the application of the law-of-the-case doctrine). 

A copy of any unpublished action referred to shall be attached to the document containing the

reference.

(b) Citation of Supplemental Authority. When pertinent and significant authority comes

to the attention of a party after the party's brief has been filed or after oral argument but before the

decision, a party shall promptly file notice with the Clerk, and serve all other parties. The notice

shall set forth the citation(s) to the authority or include a copy of the supplemental authority if it is

not readily available in a reporter system. The notice shall refer to the page of the brief or to a point

argued orally to which each citation pertains, and shall state without argument the reasons for the

supplemental citation(s). Any response shall be made promptly and shall be similarly limited.

RULE 31. FILING AND SERVICE OF BRIEFS

(a) Time Limits. Except in cases covered by Rule 47 (Expedited Proceedings),

(1) the appellant shall serve and file a brief not later than

(A) 60 days after the expiration of the 14-day period provided under Rule 10(b) (Record

Before the Agency–Disputes) for the parties to notify the Court of any unresolved

dispute regarding the Record Before the Agency, or

(B) 30 days after the completion of the Rule 33 staff conference, whichever is later.

Briefing deadlines may be modified by the Court when the Court is required to resolve a

dispute in connection with a motion under Rule 10(b);

(2) the Secretary shall serve and file a brief not later than 60 days after service of the

appellant's brief; and

(3) the appellant may serve and file a reply brief not later than 14 days after service of the

Secretary's brief.

(b) Effect of Failure to File. If a party fails to file a brief within the time provided by this

Rule or within the time as extended, the Court, on its own initiative or on motion by a party, may

take appropriate action, to include dismissal of the appeal or sanctions.

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RULE 32. FORM OF BRIEFS, APPENDICES, AND OTHER DOCUMENTS

(a) Format. Briefs, appendices, and other documents shall be printed or typewritten. Pages

shall be letter size (8 1⁄2 by 11 inches), with margins at least one-inch wide from all edges, and with

type or print on only one side of the page. See also Rule 6 (Protection of Privacy).

(b) Type; Spacing. If a proportionally spaced typeface is used, it shall be 13-point or larger. 

If a monospaced typeface is used, it shall not contain more than 101⁄2 characters per inch. Text shall

be double spaced (except that motions and responses under Rule 27(c) (Motions for Procedural

Orders) may be single spaced). Quotations of 50 words or more must be single spaced. Footnotes

must be single spaced and must conform to the typeface requirements. The parties may not use

photo reproduction that reduces print size smaller than the size required by this subsection. This

subsection does not apply to pages of an appendix that are legible, unreduced photocopies of

documents.

(c) Caption. A document addressed to the Court shall contain a caption setting forth the

name of the Court, the Court's case number when assigned, the title of the case, and a brief heading

indicating the purpose of the document. Briefs must begin with a separate caption page; a cover is

not required. See Form 2 in the Appendix of Forms.

(d) Page Numbers. Pages shall be numbered in the center of the bottom margin, using

Arabic numerals for the pages subject to the page limitation and lower case Roman numerals for the

table of contents, table of authorities, certificate of service, and any appendix containing superseded

statutes, rules, regulations, and unpublished authorities.

(e) Length of Briefs. Except by permission of the Court or as limited by Rule 47

(Expedited Proceedings), principal briefs may not exceed 30 pages and reply briefs may not exceed

15 pages, not counting the table of contents; the table of authorities; any appendix containing

superseded statutes, rules, and regulations, and unpublished authorities; and the certificate of service. 

But see Rule 25(b)(2) (Fax).

(f) Identification. The signature, printed name, address, and telephone number of the

representative of record (seeRule 46(a)(3) (Practitioner defined)) or of a self-represented party shall

appear on a brief or other document submitted for filing to the Clerk.

(g) Noncompliance. See Rule 45(j) (Noncompliant Submissions).

RULE 33. STAFF CONFERENCE

(a) Participation. The Court may order the representatives and self-represented parties to

participate in a staff conference, in person or by telephone, to consider refinement of the issues and

such other matters as may help the Court resolve the case. When necessary, the Court will enter an

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appropriate orderto control future proceedings. Parties are stronglyencouraged to discuss settlement

or alternative disposition of the matters on appeal.

(b) Pre-Briefing Process. In cases scheduled for pre-briefing staff conferences:

(1) No later than 14 days prior to the staff conference, the appellant shall submit to the

Secretary and Central Legal Staff (CLS) a summary of the issues the appellant intends to raise in the

appeal, including citations to relevant authorities and submission of pertinent material in the record

before the agency;

(2) The summary of issues shall be limited to 10 pages, subject to the requirements of Rule

32(b); the 10-page limit does not include submission of pertinent material in the record before the

agency;

(3) Submissions shall be emailed to CLS at CLS-Calendar@uscourts.cavc.gov or faxed to

CLS at (202) 585-3951;

(4) The appellant shall also submit for filing with the Court and serve on the Secretary a 

certificate of service that includes the date of the appellant's submission to the Secretary and to CLS,

the specific manner of service (fax or email), and the names and addresses of the persons served.

(c) Consultation. The representatives of the parties must consult with their respective

clients in good faith to determine whether joint resolution of the appeal or settlement is possible. 

At the time of the staff conference, the representative must either possess the authority to enter into

a joint resolution of the appeal or settlement to the extent authorized by the client or be in immediate

contact with a person having such authority.

(d) Nondisclosure to Judges. Statements made during a conference, including written

memoranda submitted for the conference, may not be disclosed to a Judge of the Court unless the

parties agree in writing to such disclosure. This subsection does not apply to disciplinary actions or

judicial review of a dispute about the content of the record before the agency or record of

proceedings or subsequent Equal Access to Justice Act (EAJA) applications, pursuant to 28 U.S.C.

§ 2412(d).

Practitioner's Note: Absent an order of the Court, the time period for taking

any action under the Court's Rules is not tolled for the time required to prepare

for the staff conference. 

RULE 34. ORAL ARGUMENT

(a) In General. The U.S. Court of Appeals for Veterans Claims is a Court of national

jurisdiction. Generally, oral argument will be held in Washington, D.C. However, the Court may

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hold oral argument anywhere in the United States. Oral argument will be allowed onlywhen ordered

by the Court and will be held where and when the Court orders.

(b) Motion for Oral Argument. Parties seeking oral argument should submit a motion for

oral argument not later than 14 days after the reply brief is due or filed, whichever is sooner. Such

motion shall specify therein why such argument will aid the Court. A motion for oral argument may

not be included in any brief. Oral argument normally is not granted on nondispositive matters or

matters being decided by a single Judge.

(c) Participation by Amicus Curiae in Oral Argument. An amicus curiae will be

permitted to participate in oral argument only at the invitation of the Court.

(d) Notice of Argument; Postponement; Additional Time. The Clerk shall advise all

parties and issue a public order as to when and where oral argument is to be heard and the time to

be allowed each party. A request for postponement of the argument or for the allowance of

additional time shall be made by motion filed reasonably in advance of the date fixed for argument

and shall contain a showing of good cause.

(e) Order and Content of Argument. The appellant will generally open and conclude the

argument. In argument on motions, the movant generally will open and conclude the argument.

(f) Nonappearance of Parties. If any party fails to appear to present argument, the Court

may hear argument by any other party who is present.

(g) Physical Exhibits. A party who wishes to use physical exhibits other than documents

shall arrange with the Clerk to have them placed in the courtroom on the date of the argument before

the Court convenes. After the argument, the party shall remove the exhibits unless the Court

otherwise directs. If the exhibits are not reclaimed within a reasonable time after notice is given by

the Clerk, they will be disposed of by the Clerk.

Practitioner's Note: The Court's oral argument Guide for Counsel is available

on the Court's website at www.uscourts.cavc.gov or by request.

RULE 35. MOTIONS FOR RECONSIDERATION, PANEL

DECISION, OR FULL COURT REVIEW

(a) Motion for Reconsideration.

(1) Permitted. A party in a case dismissed by the Clerk pursuant to Rule 45(h) (Sua Sponte

Dismissal of Cases) may move for reconsideration by the Clerk. If the Clerk denies such

reconsideration, the matter will be referred for decision by a Judge. A party in a case decided by a

single judge may move (A) for reconsideration by the single Judge, (B) for panel decision, or (C) in

a single motion, for reconsideration by a single Judge or for panel decision in the event the single

21
Judge denies reconsideration. A party in a case decided by a panel maymove (A) for reconsideration

by the panel, (B) for full Court review, or (C) in a single motion, for reconsideration by the panel or

for full Court review in the event the panel denies reconsideration. A party in a case decided by the

full Court may move for reconsideration by the full Court.

(2) Prohibited. A party may not move for reconsideration

(A) of a matter if that party has previously filed a motion for reconsideration of that

matter and the Court has denied that motion, or

(B) of the grant of a motion under subsection (b) for a decision by a panel when the

panel's decision is that the single-judge memorandum decision remains the decision of the

Court, or 

(C) of the denial of a motion under subsection (c) for full Court review.

(b) Motion for Panel Decision. A party in a case decided by a single Judge may move for

a decision by a panel of the Court.

(c) Motion for Full Court Review. Motions for full Court review are not favored.

Ordinarily they will not be granted unless such action is necessary to secure or maintain uniformity

of the Court's decisions or to resolve a question of exceptional importance. Subject to the

requirements of subsections (d), (e), and (f), a party may move for a decision by the full Court– 

(1) after a panel has decided a case, or

(2) after a panel has denied a motion for reconsideration or granted a motion for a decision

by a panel but held that the single-judge memorandum decision remains the decision of the Court.

(d) Time for Motion. Any motion under this Rule shall be filed not later than 21 days (51

days if the motion is filed by an appellant, petitioner, or representative located outside the United

States, Puerto Rico, or the Virgin Islands) after the date of the dispositive action for which

reconsideration, panel review, or full Court review is sought. 

Practitioner's Note: Because a motion for reconsideration by the single Judge

may be combined with a motion for panel decision, the filing of a motion for

reconsideration does not toll the running of the time for filing a separate motion

for panel decision. Likewise, because a motion for panel reconsideration may

be combined with a motion for full Court review, the filing of a motion for panel

reconsideration does not toll the running of the time for filing a separate motion

for full Court review. Thus, to be timely, any motion for panel or full Court

review must be filed within the 21-day filing period.

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(e) Content of Motion. A motion under this Rule shall contain a supporting argument. In

addition– 

(1) a motion for panel decision, or a motion for single-judge, panel, or full Court

reconsideration shall state the points of law or fact that the party believes the Court has overlooked

or misunderstood; 

(2) a motion for panel decision also must state why the resolution of an issue before the Court

would establish a new rule of law; modify or clarify an existing rule of law; apply established law

to a novel fact situation; constitute the only recent, binding precedent on a particular point of law;

involve a legal issue of continuing public interest; or resolve a case in which the outcome is

reasonably debatable; and

(3) a motion for full Court review shall state– 

(A) how such action will secure or maintain uniformity of the Court's decisions, or

(B) what question of exceptional importance is involved.

(f) Form and Length. Except by the Court's permission, a motion or response (including

any supporting memorandum or brief) under this Rule may not exceed 15 pages. The motion shall

otherwise comply with Rules 25 (Filing and Service) and 27(Motions), but it need not indicate

whether it is opposed.

(g) Response; Action on the Motion. No response to a motion under this Rule may be filed

unless it is requested by the Court, but a motion for full Court review ordinarily will not be granted

without such a request. A motion for reconsideration will be decided by the Judge or panel that

rendered the decision. A motion for panel decision will be referred to a panel. A motion for full

Court review or for reconsideration of a full Court decision will be referred to all of the Judges in

regular active service. Consideration by the full Court requires the vote of at least a majority of the

eligible Judges in regular active service.

RULE 36. ENTRY OF JUDGMENT

(a) Judgment. Judgment begins the 60-day time period for appealing to the U.S. Court of

Appeals for the Federal Circuit.

(b) Date of Judgment. 

(1) Judgment is effective on 

(A) the date prescribed in a Court order or decision, or 

23
(B) the date of a Court order on consent (i) dismissing, terminating, or remanding a case,

or (ii) granting or dismissing an uncontested application for attorneyfees and expenses, when

the order states that it constitutes the mandate of the Court.

(2) Unless the Court orders otherwise, judgment is effective when entered on the docket,

which will be after the later of

(A) the date on which the time allowed in Rule 35(d) (Time for Motion) has expired,

or 

(B) the date on which the Court renders a decision on any motion(s) filed pursuant to

Rule 35 (Motions for Reconsideration, Panel Decision, or Full Court Review) when no

further motion under Rule 35 is permitted to be filed.

Practitioner's Note: Judgment is relevant to determining the expiration of time

in which to file an appeal of a decision of the Court or file an application

pursuant to 28 U.S.C. § 2412(d). Because entry of mandate on the docket is a

ministerial act and may not occur on the date of mandate, practitioners are

cautioned to use diligence when calculating time periods so as to ensure timely

filings. See Rule 41.

RULE 37. RETENTION REQUIREMENTS FOR DOCUMENTS

(a) Represented Parties. When the appellant or petitioner is represented, the representative

shall retain copies of the record before the agency, all documents filed with the Court by the parties

or any intervenor or amicus curiae, and all actions issued by the Court.

(b) Self-Represented Parties. When the appellant or petitioner is self-represented, the

Secretary shall retain copies of the record before the agency, all documents filed with the Court by

the parties or any intervenor or amicus curiae, and all actions issued by the Court.

(c) Duration of Retention. Documents described in subsections (a) and (b) shall be retained

for not less than one year after all proceedings are concluded, including those concerning attorney

fees and expenses.

RULE 38. FRIVOLOUS FILINGS; FAILURE TO ACT

(a) Frivolous Filings. If the Court determines that an appeal, petition, motion, or other

filing is frivolous, it may, after a separately filed motion by a party or notice from the Court and

reasonable opportunity to respond, enter such order as it deems appropriate, to include sanctions,

dismissal of the appeal, or reduction in any award under 28 U.S.C. § 2412(d).

24
(b) Failure to Act. Failure to take any step under these Rules, or to comply with an order

of the Court, may be grounds for such action as the Court deems appropriate, including dismissal

of the appeal or assessment of costs.

RULE 39: ATTORNEY FEES AND EXPENSES

(a) Application. An application pursuant to 28 U.S.C. § 2412(d), the Equal Access to

Justice Act (EAJA), for award of attorney fees and/or other expenses shall be submitted for filing

with the Clerk not later than 30 days after the Court's judgment becomes final. See Rule 36 (Entry

of Judgment) and Rule 41 (Mandate). The time for filing an application under this subsection is set

by statute. The application shall include the fees and expenses claimed for the submission of that

application.

(1) Response. Not later than 30 days after the date on which an application described in

section (a) is filed, the Secretary shall submit for filing and serve a response to that application. If

the Secretary disputes the amount of fees and expenses sought, before the Secretary files a response

the parties shall consult in good faith to seek expeditiousresolution of the matter. The response shall

state which elements of the application are not contested and explain the Secretary's position on

those elements that are contested.

(2) Reply. Not later than 30 days after service of any response by the Secretary, the applicant

may submit for filing and serve a reply addressing those matters contested by the Secretary.

(b) Supplemental Application. Except as provided in paragraph (3) of this section, a party

whose application described in section (a) has been granted in whole or in part may, not later than

20 days after the Court action granting such application, file a supplemental application for attorney

fees and other expenses in connection with the defense of such application. A supplemental

application shall include the fees and expenses claimed for the submission of that supplemental

application.

(1) Response. Unless unopposed, and except as provided in paragraph (3) of this section,

not later than 20 days after the date on which a supplemental application is filed, the Secretary shall

submit for filing and serve a response to that supplemental application. If the Secretary disputes the

amount of fees and expenses sought, before the Secretary files a response the parties shall consult

in good faith to seek expeditious resolution of the matter. The response shall state which elements

of the supplemental application are not contested and explain the Secretary's position on those

elements that are contested.

(2) Reply. Not later than 10 days after service of any response by the Secretary, the applicant

may submit for filing and serve a reply addressing those matters contested by the Secretary.

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(3) Supplemental Applications for Work Performed Before Other Courts.

(A) Appeals to the Federal Circuit. When an action on an application appealed to the

U.S. Court of Appeals for the Federal Circuit is returned to the Court and the application has

been granted in whole or in part by any court, any supplemental application (over which the

Court has jurisdiction) based on representation provided in that appeal may be filed in the

Court not later than 20 days after the mandate is issued by that court. See FED.R.APP. P. 41;

FED. CIR. R. 41.

(B) Appeals to the U.S. Supreme Court. When an action on an application appealed

to the Supreme Court is returned to the Court and the application has been granted in whole

or in part by any court, any supplemental application (over which the Court has jurisdiction)

based on representation provided in that appeal may be filed in the Court not later than 20

days after the expiration of the time for filing a petition for a rehearing by the Supreme

Court. See SUP. CT. R. 45.

(C) Timing of Supplemental Responses and Replies. When a supplemental application

is filed under paragraph (A) or (B) of this section, the Court will issue an order specifying

the timing of responses and replies to ensure that all previous applications have been

resolved before requiring a response to the next application.

(c) Dispute Resolution. In addition to the good faith resolution requirements of subsections

(a)(1) and (b)(1), either party may request or the Court may direct that a staff conference, pursuant

to Rule 33, be conducted in person or by telephone to discuss resolution of the contested elements

of the application.

(d) Appendices. The parties shall attach as appendices to any pleading submitted for filing

under this Rule those documents that are not already before the Court that are necessary to meet the

application content requirements of 28 U.S.C. § 2412(d).

(e) Form and Length. All documents submitted for filing under this Rule shall conform

to the requirements set forth in Rule 32 (Form of Briefs, Appendices, and Other Documents), except

that no submission for filing may exceed 20 pages, not counting any appendix containing pages

necessary to meet the application content requirements of 28 U.S.C. § 2412(d).

(f) Multiple Representatives. Applications for EAJA fees in cases in which reimbursement

is sought for the work of more than one representative must include a single, consolidated,

chronological billing statement for the full fee award requested. That single billing statement shall

be in tabular form with entries listed in chronological order and depict the work done on the case on

each date, identifying the representative who did the work, and must be signed by the lead

representative, who will be responsible for its accuracy and completeness. The lead representative

must sign the combined billing statement under a certification that he or she has (1) reviewed the

combined billing statement and is satisfied that it accurately reflects the work performed by all

representatives and (2) considered and eliminated all time that is excessive or redundant. 

26
(g) Additional Requirements for Non-Attorney Practitioners.Anon-attorneypractitioner

must include in the application for EAJA fees a statement of the non-attorneypractitioner's education

and experience in representing claimants before this Court and a justification for the hourly fee

sought.

RULE 40. RULES ADVISORY COMMITTEE

(a) General. The Court will have a Rules Advisory Committee (Committee) to study and

advise the Court on possible changes to Rules of the Court, either sua sponte or at the request of the

Court. The Committee will submit its recommendations to the Chief Judge through the Clerk. 

(b) Appointment. The Chief Judge, with the concurrence of the Board of Judges, will

appoint nine members of the Court's bar to serve on the Committee, eight as members and one as

the chair. At least two members of the Committee will be attorneys employed by the Department

of Veterans Affairs.

(c) Terms.

(1) Length of terms. Each member and each new chair will be appointed for a term of two

years. Notwithstanding the terms provided for in the preceding sentence, the term of any person

serving by virtue of employment by the VA will end automatically at such time as the person is no

longer so employed.

(2) Reappointment. Except as otherwise provided, a member may serve three terms

consecutively; a break in service permits a new series of three consecutive terms. A person may be

appointed to three consecutive terms as the chair notwithstanding any term or terms as a member;

a break in service as the chair permits a new series of such terms or a new series of three terms as

a member. There is no limit on the number of nonconsecutive terms to which any person may be

appointed as a member or the chair of the Committee. A member or the chair may continue to serve

until a successor has been appointed.

(3) Resignation or removal. A member or the chair of the Committee may resign from the

Committee. The Chief Judge, with the concurrence of the Board of Judges, may, based on the

disability of the member or the chair or for other good cause, revoke an appointment at any time.

RULE 41. MANDATE

(a) Mandate. Mandate is when the Court's judgment becomes final and is effective as a

matter of law pursuant to 38 U.S.C. § 7291.

(b) Date of Mandate. Mandate generally is 60 days after judgment entered unless– 

27
(1) a timely notice of appeal to the U.S. Court of Appeals for the Federal Circuit is filed with

the Clerk, See 38 U.S.C. § 7291(a) et seq., or

(2) mandate was issued as part of an order on consent (i) dismissing, terminating, or

remanding a case, or (ii) granting or dismissing an uncontested application for attorney fees and

expenses (see Rule 36(b)(1)(B)), or 

(3) the Court directs otherwise.

Practitioner's Note: Mandate is relevant to determining the expiration of time

in which to file an appeal of a decision of the Court or file an application

pursuant to 28 U.S.C. § 2412 (d). Because entry of mandate on the docket is a

ministerial act and may not occur on the date of mandate, practitioners are

cautioned to use diligence when calculating time periods so as to ensure timely

filings.

RULE 42. VOLUNTARY TERMINATION OR DISMISSAL

If the parties file with the Clerk a motion to terminate a matter (other than an application for

attorney fees and expenses) based upon a settlement agreement to be effective upon the Court's

termination of the case, the Clerk may enter the case terminated. On motion of the appellant or

petitioner for dismissal, the Clerk may dismiss an appeal, petition, or application for attorney fees

and expenses on terms requested by the appellant or petitioner, agreed upon by the parties, or

previously fixed by the Court.

RULE 43. SUBSTITUTION OF PARTIES

(a) Death of a Party.

(1) Before Notice of Appeal. If a party entitled to appeal dies before filing a Notice of

Appeal, any person permitted by law to do so may file the Notice of Appeal within the time limit in

Rule 4 (Filing of Appeal; Docketing; Copy of Board Decision).

(2) After Notice of Appeal. If a party dies after a Notice of Appeal is filed or while a

proceeding is pending in the Court, the personal representative of the deceased party's estate or any

other appropriate person may, to the extent permitted by law, be substituted as a party on motion by

such person. Any party or representative who becomes aware of the appellant's death shall notify

the Court of the death of an appellant and proceedings will then be as the Court directs.

(b) Substitution for Other Causes. If substitution of a party in the Court is necessary for

any reason other than death, the Court may order substitution on its own initiative or on a party's

motion.

28
(c) Death or Separation From Office of Public Officer. When a public officer is a party

in an official capacity and during the proceedings dies, resigns, or otherwise ceases to hold office,

the proceedings are not stopped and the public officer's successor is automatically substituted as a

party. Proceedings following the substitution will be in the name of the substituted party, but any

misnomer not affecting the substantial rights of the parties will be disregarded.

RULE 44. JUDICIAL CONFERENCE

(a) Purpose. Pursuant to 38 U.S.C. § 7286, there shall be convened, at such time and place

as the Chief Judge designates, a conference to consider the business of the Court and to recommend

means of improving the administration of justice within the Court's jurisdiction.

(b) Committee. The Chief Judge will appoint a Judicial Conference Planning Committee

to plan and conduct the conference. The Planning Committee may appoint such subcommittees as

may be necessary to ensure the efficient operation of the conference.

(c) Attendance. The Chief Judge presides at the conference. All persons admitted to

practice before the Court, and such other persons as are designated by the Chief Judge, may be

members of and participate in the conference.

(d) Registration Fee. Each member of the conference other than Judges of the Court shall

pay a registration fee in an amount fixed by the Court to defray expenses of the conference. The

Chief Judge may excuse the payment of the fee in individual cases. These fees are governed by

38 U.S.C. § 7285.

(e) Responsibility of the Clerk. The Clerk is responsible for receipt and disbursement of

conference funds, for all conference records and accounts, and for conference staff support, and

performs such other duties pertaining to the conference as may be directed by the Chief Judge.

(f) Delegation. The Chief Judge may delegate any or all of his or her responsibilities to

another Judge of the Court.

RULE 45. DUTIES OF CLERK

(a) General Provisions. The Clerk shall take the oath required by law. Neither the Clerk

nor any deputy clerk may practice as an attorney or counselor in any court while continuing in office. 

The office of the Clerk is open during business hours on all days except Saturdays, Sundays, legal

holidays, and other days when the Court is closed (See Rule 26(a) (Computing Time)) from 9:00

a.m. to 4:00 p.m. A night box is available at the entrance to the Public Office from 4:00 p.m. to 6:00

p.m. on all days that the Court is open. But see Rule 1(c) for electronic filing.

29
(b) The Docket; Calendar; Other Records Required. The Clerk shall– 

(1) maintain a docket containing a record of all documents filed with the Clerk, and all

process, orders, and judgments;

(2) maintain an index of cases contained in the docket;

(3) prepare, under the direction of the Court, a calendar of cases submitted or waiting

argument; and

(4) keep such other books and records as may be required by the Court.

(c) Notice of Court Actions. Immediately upon issuance of an opinion, memorandum

decision, or order, or upon entry of judgment or mandate, the Clerk shall send a copy or notification

to each party to the proceeding and note in the docket the issuance or entry date. Electronic

transmission of the notice of docket activity constitutes such notice for all CM/ECF Users.

(d) Custody of Records and Papers. The Clerk is custodian of the records and documents

of the Court. The Clerk shall not permit any original record or document to be taken from the Clerk's

custody except as authorized by law. The Clerk shall retain, archive, or otherwise dispose of

documents submitted for filing, as required or otherwise permitted by law. 

(e) Court Seal. The Clerk is the custodian of the seal of the Court. The seal will appear as

ordered by the Court. The seal is the means of authentication of all records, certificates, and process

issued from the Court.

(f) Schedule of Fees. The Clerk shall maintain in the Public Office and on the Court

website a schedule of fees approved by the Court.

(g) Motions. Unless a case has been assigned to a Judge or Judges or unless otherwise

directed by the Court, the Clerk may act on motions and applications, if joint, consented to, or

unopposed, that seek to– 

(1) dismiss or terminate an appeal or petition with or without prejudice to reinstate it;

(2) remand a case;

(3) reinstate a case that was dismissed for failure to comply with the Rules;

(4) extend the time for taking any action required or permitted by the Rules or by an

order of the Court, unless the motion is made after the time limit has elapsed or unless the basis for

the motion is extraordinary circumstances as required by Rule 26(b) (Extension of Time);

30
(5) stay a case, with the exception that for the purpose of allowing the parties time to

negotiate a settlement or other joint resolution, the Clerk may stay a case for only up to a total of 60

days; 

(6) consolidate appeals;

(7) withdraw or substitute an appearance; 

(8) correct a brief or other document; or

(9) obtain attorney fees and expenses pursuant to 28 U.S.C. § 2412(d).

(h) Sua Sponte Dismissal of Cases. The Clerk may dismiss a case for the appellant's failure

to pay the filing fee or to file a brief. See also Rule 35(a) (Motion for Reconsideration).

(i) Construction of Rules in Self-Representation Cases. Consistent with the practice of

the Court, the Clerk will liberally construe the Rules as they apply to self-represented appellants.

(j) Noncompliant Submissions. Except where return of a document is required by these

Rules for a specific reason (see Rules 5(d) (Stay of Appellate Proceedings–Combined Motions

Prohibited), 24 (Waiver of Filing Fee), 26(d) (Computation and Extension of Time–Combined

Motions Prohibited), 27(e) (Prohibited Nondispositive Motions) and 28(g) (Motions Prohibited)),

if the Court receives any document that does not conform to these Rules, the Clerk will receive, but

not file, the submission; however, if it is a jurisdiction-conferring document, it will be filed

notwithstanding any other provision of these Rules. In every case, the Clerk will promptly notify

the party of the defect(s) to be corrected and may, in accordance with guidance from the Court, stay

proceedings for a reasonable time in order to permit submission of a conforming document. Failure

to submit such conforming document in a timely manner may result in the dismissal of the matter.

RULE 46. PRACTICE BEFORE THE COURT AND REPRESENTATION

(a) Practice Before the Court.

(1) Admission of attorneys to bar of Court.

(A) General. A person of good moral character and repute who has been admitted to

practice in the Supreme Court of the United States, or the highest court of any state, the

District of Columbia, or a United States territory or commonwealth within the meaning of

48 U.S.C. § 1904(e)(5), and is in good standing therein, may be admitted to the bar of the

Court upon application. See Rules of Admission and Practice.

31
(B) Active Status. Practice before the Court requires an attorney to maintain active

status in good standing in the highest court of any state, the District of Columbia, or a United

States territory or commonwealth within the meaning of 48 U.S.C. § 1904(e)(5).

(C) Application. An attorney at law may be admitted to the bar of the Court upon filing

with the Clerk a completed application accompanied by the applicable fee (payable by check

or money order) and a current certificate from the clerk of the appropriate court showing that

the applicant is a member in good standing of the bar of one of the courts named in paragraph

(A) of this subsection. A current court certificate is one executed not earlier than 3 months

before the date of the filing of the application. 

(2) Admission of non-attorneys to practice. A non-attorney of good moral character and

repute who is — 

(A) under the direct supervision (including presence at any oral argument) of an

attorney admitted to the bar of the Court, or

(B) employed by an organization that is chartered by Congress, is recognized by the

Secretary of Veterans Affairs for claims representation, and provides a statement signed by

the organization's chief executive officer certifying to the employee's — 

(i) understanding of the procedures and jurisdiction of the Court and of the nature,

scope, and standards of its judicial review; and

(ii) proficiency to represent appellants before the Court

may be admitted to practice before the Court as a non-attorneypractitioner upon filing with the Clerk

a completed application accompanied by the applicable fee (payable by check or money order). In

making the statement under this paragraph, the chief executive officer should be aware that

knowledge of and competence in veterans law and the administrative claims process does not in and

of itself connote competence in appellate practice and procedure.

(3) Practitioner defined. A person who has been admitted under this subsection or has been

permitted to appear under subsection (b)(1)(F) is referred to in this Rule as a practitioner.

(4) Change of address. Each practitioner shall give the Clerk and all other parties written

notice (not included in another filing) of any change of his or her electronic or street address or

telephone or fax number. Absent such notice, the deliveryof documents to the address most recently

provided by that person will be fully effective.

(b) Representation Requirements.

(1) General appearance. 

32
(A) Appellants' Representatives. Each practitioner representing an appellant shall

submit for filing with the Court and serve on the Secretary, no later than the date of the first

filing submitted by the practitioner on behalf of the appellant, a notice of appearance in the

detail set out in Form 3 in the Appendix of Forms, and a copy of any retainer agreement and

any fee agreement for representation before the Court, which when electronically filed will

be locked (see E-Rule 4(a)).

(B) Secretary's Representatives. Each practitioner representing the Secretary shall

submit for filing with the Court and serve on the appellant, no later than the date on which

the Secretary files the record before the agency, a notice of appearance. The Secretary may

substitute a practitioner of record at any time by submitting for filing with the Court and

serving on the appellant a notice of appearance of the new practitioner.

(C) Appearance by a Non-Attorney Practitioner. Each notice of appearance and

pleading submitted for filing by a non-attorney practitioner shall include the name, address,

and signature of the responsible supervising attorney under subsection (a)(2)(A) or the

identification of the employing organization under subsection (a)(2)(B).

(D) Appearance by Multiple Representatives. In cases where multiple representatives

submit for filing a notice of appearance, one representative must be designated as lead

representative.

(E) Appearance by an Organization Prohibited. With the exception of an organization

operating under the provisions of Public Law No. 102-229, see Practitioner's Note to Rule 5,

an appearance may not be made in the name of a law firm or other organization. 

(F) Appearance in a Particular Case. On motion and a showing of good cause, and

submission of a completed application, the Court may permit any attorney or non-attorney

practitioner not admitted to practice before the Court, or any other person in exceptional

circumstances, to appear on behalf of a party or amicus curiae for the purposes of a particular

case. Whenever a person makes an appearance under this subsection, the person will be

deemed to have conferred disciplinaryjurisdiction upon the Court for anyallegedmisconduct

in the course of, in the preparation for, or in connection with any proceeding in that case.

Each attorney and non-attorney practitioner generally is limited to one appearance under this

subsection. Except as permitted by the Court, any subsequent appearances shall be made

under Rule 46(a) (1) (Admission of Attorneys to Bar of Court) or (a)(2) (Admission of NonAttorneys to Practice).

(G) Appearance by Law Students.

(i) General. An eligible law student, with the written consent of the appellant and

the attorney of record, who is a member of the bar of the Court, may appear in the Court

as the Court may allow.

33
(ii) Participation defined. An eligible law student may participate in the

preparation of briefs and other documents to be filed in the Court, but such briefs or

documents shall be signed by the attorney of record. The student may also participate

in oral argument with leave of the Court, but only in the presence of the attorney of

record. The attorney of record shall personally assume professional responsibility for

the law student's work and for supervising the quality of his or her work. The attorney

shall be familiar with the case and prepared to supplement or correct any written or oral

statement made by the student.

(iii) Conditions of appearance. In order to make an appearance pursuant to this

Rule, the student shall– 

(aa) be duly enrolled in a law school approved by the American Bar

Association;

(bb) have completed legal studies amounting to at least two semesters or the

equivalent if studies are scheduled on other than a semester basis;

(cc) be certified, by the dean of the law school in which the law student is

enrolled, as being of good character and competent legal ability (this certification

shall be submitted for filing with the Clerk and may be withdrawn at any time by

the dean, upon written notice to the Clerk, or by the Court, without notice or

hearing and without any showing of cause);

(dd) be introduced by the attorney of record in the case;

(ee) neither ask for nor receive any compensation or remuneration of any

kind for his or her services from the person on whose behalf such services are

rendered, but this will not prevent an attorney, legal aid bureau, law school, a state,

the District of Columbia, or a United States territory or commonwealth within the

meaning of 48 U.S.C. § 1904(e)(5), or the United States from paying compensation

to the eligible law student, nor will it prevent any agencyfrom making such charges

for its services as it may otherwise properly require;

(ff) certify in writing that he or she has read and is familiar with the code of

professional responsibility or rules of professional conduct in effect in the state or

jurisdiction in which the student's law school is located and with the rules

governing practice in the Court (See Rule 4 of the Court's Rules of Admission and

Practice).

(2) Limited appearance. 

(A) Notice of Appeal. Any practitioner appearing for the limited purpose of submitting

a Notice of Appeal for filing with the Court shall, when submitting such Notice of Appeal:

34
(i) provide the appellant's current address and telephone number; and

(ii) aver to the Court that the appellant has been advised, or, alternatively, will be

advised, of the appellant's responsibility to abide by the Court's Rules of Practice and

Procedure, including the need to timely serve and submit for filing a brief.

(B) Stay for Case Evaluation. A practitioner representing an organization operating

under the provisions of Public Law No. 102-229 may enter a limited appearance to seek a

stay in a case for the purpose of case evaluation. See Rule 5(a) (Stay of Appellate

Proceedings–Grounds) and Practitioner's Note to Rule 5. A limited appearance and stay

request may be presented in a single motion for stay.

Practitioner's Note: Any filing for a limited appearance by a non-attorney

practitioner must be signed by the supervising attorney. 

(c) Withdrawal From Representation. Except as noted in subsection (b)(1)(B) and in

subparagraph (2), a practitioner may not withdraw from a case without obtaining the Court's

permission. The practitioner's authority and duty continue until the practitioner is relieved by the

Court, subject to conditions that the Court considers appropriate.

(1) General appearances. Permission to withdraw may be sought by submitting for filing

a motion to withdraw that 

(A) states the reasons for withdrawal; 

(B) lists the client's current address and telephone number;

(C) states whether the client consents to the withdrawal and, if not, the reason or

reasons therefore; and

(D) contains a representation by the practitioner that all documents submitted for filing

by the parties, all notices and orders accumulated by the practitioner, and all files belonging

to the client have been provided to the client or to a named substitute practitioner. 

(2) Limited appearances.

(A) Notice of Appeal. If a practitioner has appeared for the limited purpose of

submitting for filing a Notice of Appeal and averred at that time that the client had already

been advised of the appellant's responsibility to abide by the Court's Rules of Practice and

Procedure, including the need to timely serve and submit for filing a brief, withdrawal is

automatic at the time of such submission and a motion to withdraw is not necessary. In

instances where the attorney averred that the practitioner would in the future advise the

appellant of the appellant's responsibility to abide by the Court's Rules of Practice and

Procedure, including the need to timely serve and submit for filing a brief, withdrawal will

35
be granted only upon averment that the appellant has been so advised. Until such time, the

practitioner remains professionally responsible to the Court and to the appellant for

compliance with the Court's Rules of Practice and Procedure.

(B) An organization operating under the provisions of Public Law No. 102-229. 

Withdrawal is automatic upon submission for filing of a notice that an organization operating

under the provisions of Public Law No. 102-229 will not take the case. See Practitioner's

Note to subsection (b)(2)(B).

 RULE 46.1. SELF-REPRESENTATION

Any appellant, petitioner, or intervenor may be self represented before the Court. A selfrepresented party shall give the Clerk and all other parties written notice (not included in another

filing) of any change of his or her address or telephone number. Absent such notice, the mailing of

documents to the address most recently provided by that person will be fully effective. See also

Rules 25(b)(1)(B) (filing by inmate), 28(e) (informal brief), 32(f) (identification), 33(a) (staff

conference), and 45(i) (Rules construed liberally for self-represented appellants).

RULE 47. EXPEDITED PROCEEDINGS

(a) Motion and Order. On a party's motion for good cause shown, on written agreement

of the parties, or on its own initiative, the Court may order that any matter before the Court be

expedited with respect to some or all procedural steps. The following may constitute good cause:

(1) a serious health condition that makes the death of the appellant or petitioner imminent,

as shown by a physician's statement (including identification of the physician's licensing authority

and current license number);

(2) the advanced age (over 75 years) of the appellant or petitioner and a state of failing health

due to a nontemporary condition, as shown by a physician's statement (including identification of

the physician's licensing authority and current license number), such that expeditious proceedings

are necessary to avoid an injustice to the appellant or petitioner; or

(3) any other exceptional circumstances that make expeditious proceedings necessary to

avoid an injustice to the appellant or petitioner, as shown by credible evidence. 

 

(b) Filing and Service of Documents. Expedited proceedings will be scheduled as directed

by the Court. Unless otherwise ordered, the appellant's principal brief shall be served and submitted

for filing not later than 20 days after the record before the agency has been served on the appellant;

the Secretary's brief shall be served and submitted for filing not later than 20 days after service of

the appellant's brief; and any reply brief shall be served and submitted for filing not later than 10

days after filing of the Secretary's brief. Unless otherwise ordered, the time to submit the record of

36
proceedings for filing under Rule 28.1(a)(3) (Record of Proceedings–Time for Filing) is reduced to

7 days.

(c) Form and Length of Briefs. Briefs submitted for filing under this Rule shall comply

with Rules 25 (Filing and Service), 28 (Briefs), and 32 (Form of Briefs, Appendices, and Other

Documents), except that principal briefs shall be limited to 15 pages, reply briefs shall be limited

to 7 pages, and a table of authorities is not required.

RULE 48. SEALING OF CASES

See also Rule 6 (Protection of Privacy) 

(a) Cases Involving Protected Records. If, during the time periods set out in Rule 10 (The

Record Before the Agency) or at any other time during a proceeding before the Court, the parties

identify records protected by 38 U.S.C. § 7332 and at least one of the parties believes that disclosure

of such records is required in such proceedings and further, the parties cannot agree with respect to

the disclosure of such records, the party requesting disclosure shall make immediate application

therefor, pursuant to 38 U.S.C. § 7332(b)(2)(D), caption the case "IN RE: SEALED CASE NO. [insert

Court docket number]" (not disclosing the identity of any individual), and serve on the protected

person or successor in interest a copy of the application. Such application shall include a statement

specifying those steps taken by the parties to reach agreement before application was made to the

Court. Upon receipt of such application, unless otherwise directed by the Court, the Clerk will enter

the case as "withdrawn" on the docket, assign a new docket number and recaption the case using an

encoded identifier, and seal the record of proceedings and the file of the Court. Thereafter, any party

or representative of a party, unless otherwise ordered by the Court, shall make reference in any

subsequent filing only to the new docket number and caption assigned by the Clerk.

(b) Other Cases. The procedures described in this Rule may, in the Court's discretion, be

applied to cases that the Court orders sealed but that do not contain records protected by 38 U.S.C

§ 7332.

RULE 49. COMPLAINTS AGAINST JUDGES

Rules for the processing of complaints of judicial misconduct or disability have been adopted

by the Court pursuant to 28 U.S.C. § 372(c) (superseded by §§ 351-64). Copies are available from

the Clerk on request.

37
INDEX

(References are to Rule, not page number)

Addresses 3(c), (g), 25(b),(c), 32(f), 33(g), 46(a),(b),(c), 46.1

Admission to practice 46(a)

Amicus curiae 29

Answer (see response)

Appeal 

to Federal Circuit 36(a)

frivolous 38(a)

joint or consolidated 3(d), (e)

procedure 3

time to 4(a)

Appearance

generally 46(b)

law students 46(b)(1)(G)

limited 46(b)(2), Form 1

notice of 46(b), Form 3

particular case 46(b)(1)(F)

Argument (see oral argument)

Attorney fees

under EAJA 39

under fee agreement 46(b)(1)(A), Form 3

Attorneys (see representation)

Board of Veterans' Appeals

decision, copy of 4(c)

Brief

amicus curiae 29

appellant 28(a), 31, 32

appendix 28(i), 32

contents 28, 29(d)

expedited case 47(b),(c)

format 32, 47(c)

filing and service 25, 31, 47(b)

informal 28(e)

intervenor 28(d)

length 32(e), 47(c)

motions, prohibited 28(g)

multiple appellants 28(j)

references in 28(h), Form 18

reply 28(c), 31, 32

Secretary 28(b), 31, 32

self-represented party 28(e)

A
typeface 32(b)

use/protection of 

 VA claims number 6

Citation

nonprecedential authority 30(a)

supplemental authority 30(b)

Clerk of the Court,

 powers and duties 5(d), 24, 26(d), 27(c),(e),28(g),44(e),45

Complaints against judges 49

Computation of time 26(a)

Conference

judicial 44

staff 33

Confidential information 3(a),6,48

Continuation of stay 5(c)

Copies

Notice of Appeal 3(b)

Costs (see fees)

Death, substitution of parties 43

Dismissal

by Clerk of the Court 45(h)

failure to act 38(b)

failure to comply with 

Court order 38(b)

failure to conform to rules 45(j)

failure to prosecute 31(b), 38(b)

voluntary 41(b)(2), 42

Docketing (see Notice of)

Documents

filing and service 25, 47(b)

form 32

nonconforming 32(g), 45(j)

return by Clerk

 of the Court 5(d), 24, 26(d), 27(e), 28(g),45(j)

retention requirements 37

translations 3(h), 21(b)(2)

use/protection of VA 

claims number 6

Electronic Filing 1

En banc (see Full Court)

Enlargement (see time, extension of)

Exhibits, use at oral argument 34(g)

Expedited proceedings 47

Extraordinary relief 21

B
Facsimile (fax)

briefs, prohibited 25(a)(3)

fax number 3(g)

filing, generally 25(b)(2)

Notice of Appeal 25(a)(1)

Failure to

act 38(b)

appear at oral argument 34(f)

comply with Court order 38(b)

file brief 31(b)

follow Rules of

 Practice and Procedure 38(b), 45(j)

Fees

attorney 39, 46(a),(b)

filing 3(f), 21(a)

judicial conference 44(d)

payment of filing fee 3(f), 21(a), 24

practice 46(a)(1)(C),(a)(2)(B)

schedule of miscellaneous 45(f)

waiver of filing fee 24

Filing

briefs 28, 31, 47(b)

by facsimile (fax) 25(a)(1),(b)(2)

confirmation 25(a)

frivolous 38(a)

generally 25

motions 27, 35

motion to intervene 15 (a),(b),(d)

nonconforming paper 45(j)

notice of appeal 3(a), Form 1

notice of appearance 46(b), Form 3

petition for 

 extraordinary relief 21

Record Before the Agency 10(a)

 Record of Proceedings 28.1

response to motions 26(b)(2),(c)(1),27(b), 35(g)

suspension of secretarial

 action or suspension of 

 precedential effect of

 decision of this Court 8 

C
Forms

brief, sample caption pageappellant Form 2

declaration of 

financial hardship Form 4

Notice of Appeal Form 1

notice of appearance Form 3

sample format for table

of authorities Form 18

Full Court, consideration 35

Holidays, time computation 26(a)

Hours, Clerk's Office 45(a)

Incarcerated appellants 25(b)(1)(B)

Intervention

by right 15(a)

with permission 15(b),(c),(d)

Judges, complaints against 49

Judgment 36

Judicial conference 44

Mandamus 15(d)

Mandate 41

Motion

acted on by Clerk 27(c), 35(a), 45(h)

appearance in particular case 46(b)(1)(F)

combined motions, 

prohibited 5(d), 26(d), 27(e)

confidential info, 

nondisclosure 6, 48

consolidation of appeals 3(e)

effect 27(f)

expedited proceedings 47

extend time 26(b)

full-Court decision 35(c)

generally 27

in brief, prohibited 28(g)

in lieu of brief, prohibited 28(g)

intervention 15

nonconforming 26(b)(4), 32(g), 45(j)

opposition 26(b)(2), 27(b)(2)

oral argument 34(b)

panel decision 35(b)

prohibited nondispositive 

motion 27(e), 28(g)

reconsideration 35(a)

D
resolution of record dispute 10(b), 28.1(b)

response 26(b)(2), 27(b(2), 35(g)

stay of appellate proceeding 5, 45(g)(5)

substitution of parties 43

suspension of 

 secretarial action or 

 suspension of

 precedential effect 

of decision of this Court 8

use/protection of VA 

claims number 6

voluntary dismissal 42

Night box 45(a)

Noncompliance,

effect of 5(d), 24, 26(b)(4),(d), 27(e), 32(g), 38(b), 45(j)

Nonprecedential authority, 

citation of 30(a)

Notice of

appeal 3, Form 1

appearance 46(b)(1), Form 3

Court actions 45(c)

docketing 4(b)

entry of judgment 36

filing of Record Before

the Agency 10(a)

filing of Record of

Proceedings 28.1(a)(3)

nonconforming papers 32(g), 45(j)

oral argument 34(d)

settlement negotiations 33(a)

Opposition, motion 26(b)(2), 27(b)(2)

Oral argument 34

Order, failure to comply 38(b)

Parties, death or substitution 43

Petition, extraordinary relief 21

Privacy, protection 6, 48

Pro se (see self-representation)

Procedural order, motion 27(c)

Proof of service 25(c)

Protected records 6, 48

Reconsideration, motion 35(a)

Record Before the Agency

access to 10(d)

disputes 10(b)

filing 10(a)

E
postdated materials 10(a)(2)

sealing 10(d), 48

translations 3(h)

Record of Proceedings

disputes 28.1(b)

filing 28.1

preparation 28.1(a)

Rehearing (see reconsideration)

Remand, on consent 41(b), 45(g)

Reply brief 28(c), 31(a)(3)

Representation

attorney 46(b)(1)(A)

law students 46(b)(1)(G)

limited appearance 46(b)(2), (c)(2)

nonattorney 46(b)(1)(C)

particular case 46(b)(1)(F)

Secretary of Veterans Affairs 25(b)(1)(B)

self-represented 46.1

withdrawal 46(c)

Response

to attorney fee application 39(a)(1),(a)(2),(b)(1),(b)(2)

to motion 26(b)(2), 27(b)

to petition for 

extraordinary relief 21(d)

use/protection of VA 

claims number 6

Retention requirements

 for documents 37

Rules, suspension of 2

Rules Advisory Committee 40

Schedule of fees 45(f)

Sealing of record 48

Self-representation 46.1

construction of rules 45(i)

informal brief allowed 28(e)

Service

briefs 31(a)

generally 25

manner (including facsimile) 25(c)

Notice of Appeal 3(b)

petition for 

extraordinary relief 21(a)

proof 25(c)

Record Before the Agency 10(a)

Record of Proceedings 28.1(a)(3)

F
Stay of proceedings

combination prohibited 5(d)

continuation 5(c)

effect of 5(b)

grounds 5(a)

nonconforming paper 45(j)

Substitution of parties 43

Supplemental authority, citation of 30(b)

Suspension of rules 2

Suspension of secretarial action or

suspension of precedential 

effect of decision

 of this Court 8

Termination of case or matter 41(b), 42

Time

additional after service 

by mail 26(c)

extension of 26(b)

oral argument, postponement 

or additional time 34(d)

computation 26(a)

Time limits for

appeal to this Court 4(a)

appeal to Federal Circuit 36

attorney fee applications 39

briefs 31(a), 47(b)

intervention 15

motion to extend time 26(b)

motion for reconsideration 35(a)

opposition

 to extension of time 26(b)(2)

Record Before the Agency 10(a)

Record of Proceedings 28.1(a)(3)

response to motions, 

generally 27(b)

Translation, required 3(h), 21(b)

Voluntary dismissal/termination 42

Web site address 1, 3(g)

G
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

NOTICE OF APPEAL

The following named appellant appeals to theCourt froma finalBoard of Veterans'Appeals(BVA) decision. 

The Board's decision was dated .

 

Appellant's printed name VA claims file number

 

Appellant's telephone number

 

 

Appellant's address Signature of person filing this notice

Only if this Notice of Appeal is filed by a representative, check one of the following:

[ ] My Notice of Appearance is attached.

[ ] My representation is limited to the filing of this Notice of Appeal, and I aver to the Court, in

accordance with Rule 46(b)(2), that the appellant has been advised, or alternatively will be advised,

of the appellant’s responsibility to abide by the Court’s Rules of Practice and Procedure, including

the need to timely serve and submit for filing a brief. (Complete items below).

 

Representative’s printed name Representative’s phone number

 

 

Representative’s fax number

 

Representative’s address Representative’s email address

INSTRUCTIONS

Send this Notice of Appeal (NOA) (original

only) to:

Clerk, US Court of Appeals for Veterans Claims 

625 Indiana Avenue, NW, Suite 900

Washington, DC 20004-2950 

The NOA will be timely if it is properly addressed

to the Court and bears a legible postmark affixed

by the United States Postal Service (USPS) within

120 days after the mailing date of the BVA

decision that you are appealing. A postagemetered date imprint other than one affixed by

USPS does not qualify.

You may send this NOA by facsimile transmission

to (202) 501-5848 or by means other than US

mail. If you do that, or if you mail the NOA and

it does not bear a legible USPS postmark, the

NOA will be late if it arrives at the Court after the

120-day time limit. 

There is a $50 filing fee for an appeal. Send a

check or money order, payable to "US Court of

Appealsfor Veterans Claims," with this NOA. Do

not send cash. To request a waiver of the filing

fee, attach a completed Form 4 (Declaration of

Financial Hardship).

 Form 1

(Rev. 08/11)

H
[S-A-M-P-L-E]

APPELLANT'S BRIEF

UNITED STATES COURT OF APPEALS

FOR VETERANS CLAIMS

No. 00-0000

JOHN Q. VETERAN, 

Appellant

________________________________________, 

SECRETARY OF VETERANS AFFAIRS, 

Appellee

Oliver W. Counsel 

Lawyer & Lawyer 

1111 J Street, NW 

Washington, DC 20000

(202) 555-1212

Attorney for Appellant

Form 2

(Rev 8/11)

I
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

NOTICE OF APPEARANCE

 , [ ]Appellant,

[ ]Petitioner,

v. Docket No. 

 Secretary of Veterans Affairs , Appellee / Respondent.

1. Please enter my appearance for [ ] the appellant or petitioner

 [ ] the Secretary

 [ ] the Intervenor

 [ ] Amicus Curiae: .

2. I am:

admitted to practice before this Court as: [ ] attorney [ ] non-attorney practitioner

[ ] awaiting admission to practice; my application was submitted on (date) 

[ ] seeking to appear in this case only, under Rule 46(b)(1)(F); my motion is attached.

3. I am:

[ ] the lead representative of record. I will accept service for the party and will inform all of the

party's co-representatives of matters served upon me.

[ ] not the lead representative of record, but am joining as co-representative.

[ ] replacing the lead representative of record, who has:

[ ] has been permitted or is seeking to withdraw

[ ] remains as co-representative

4. If I am representing the appellant, petitioner, or intervenor, my representation is:

[ ] pursuant to the attached fee agreement. If the fee agreement provides for direct payment out of

past-due benefits under 38 U.S.C. § 5904, a copy has been served on counsel for the Secretary. 

If the fee agreement provides for a contingent fee, it also provides for an offset of any fees

awarded under the Equal Access to Justice Act (EAJA), 

28 U.S.C. § 2412(d).

[ ] without charge to the appellant, petitioner, or intervenor; however it is subject to the attached

retainer agreement language.

[ ] pursuant to the fee/retainer agreement already on record in this case.

 

Signature Date

 

Printed name Veterans Service Org., if R. 46(a)(2)(B) applies.

 

 ______________________________________

 Signature and printed name and address of

Address supervising attorney, if R. 46(a)(2)(A) applies.

 

Telephone number Email address

Attachments: [ ] Application and motion to appear under Rule 46(b)(1)(F)

[ ] Fee agreement [ ] Retainer agreement

Form 3

(Rev 01/12)

J
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

DECLARATION OF FINANCIAL HARDSHIP

 Docket No. 

 , Appellant/Petitioner,

v. 

 Secretary of Veterans Affairs , Appellee/Respondent.

I am the appellant/petitioner. I declare by my signature below, that payment of the fifty dollar

($50.00) filing fee required byRule 3(f) or Rule 21(a) of the Court's Rules of Practice and Procedure

would be a financial hardship for me.

Pursuant to 28 U.S.C. § 1746, I certify, under penalty of perjury under the laws of the United

States of America, that the foregoing is true and correct.

 

Signature of Appellant/Petitioner Date

(To be signed by Appellant, NOT Appellant's representative.)

*******************************************

Form 4

(Rev. 08/11)

K

INSTRUCTIONS

Send this Declaration (original only) to:

Clerk, U.S. Court of Appeals for Veterans Claims

625 Indiana Avenue, NW, Suite 900

Washington, DC 20004-2950

OR Fax (202) 501-5848
SAMPLE FORMAT FOR TABLE OF AUTHORITIES

TABLE OF AUTHORITIES

CASES Brief Page:

Augustine v. Principi, 343 F.3d 1334 (Fed.Cir. 2003).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Bucklinger v. Brown, 5 Vet.App. 435 (1993). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

STATUTES

38 U.S.C. § 5110(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

38 U.S.C. § 5110(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

REGULATIONS

38 C.F.R. § 3.400.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

CITATIONS TO RECORD BEFORE THE AGENCY

RBA Page:

R. at 5 (3-17) (Board Decision). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

R. at 64 (61-67) (Service Medical Records). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

R. at 90 (81-94) (Service Medical Records). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

R. at 380 (375-86) (Statement of the Case). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6,7

R. at 500 (495-518) (Letter from Dr.Joe).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

R. at 752 (751-52) (Letter from RO). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5, 14

R. at 827 (824-30) (Records from SSA). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

 Form 18

 (08/11)

L