UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

MISC. NO. 7-01

IN RE: RULES 3 AND 24 OF THE RULES OF PRACTICE AND PROCEDURE

Before KRAMER, Chief Judge, and FARLEY, HOLDAWAY,

IVERS, STEINBERG, and GREENE, Judges

O R D E R

Pursuant to the authority of 38 U.S.C. §§ 7263(b) and 7264(a) and consistent with 28 U.S.C.

§ 2071(b), the Court has adopted changes to Rules 3(e) and 24 of its Rules of Practice and Procedure

and to Form 4 in the Appendix of Forms to those rules. The Court has benefitted from public

comment on its proposed changes to Rule 24 and Form 4; changes to Rule 3(e) are technical changes

to make the terminology in the two rules consistent. Accordingly, it is

ORDERED that the attached changes to Rules 3(e) and 24 and Form 4 are published and will

be effective on November 5, 2001.

DATED: October 31, 2001 BY THE COURT:

KENNETH B. KRAMER

Chief Judge

Attachments
ATTACHMENT TO MISCELLANEOUS ORDER NO. 7-01

RULE 3. HOW TO APPEAL

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(e) Payment of Fees. Upon the filing of any separate or joint Notice of Appeal from a

decision of the Board, each appellant shall include with the Notice of Appeal a $50.00

nonrefundable filing fee payable to "U.S. Court of Appeals for Veterans Claims." If an appellant

believes the payment of the fee will impose a financial hardship, the appellant may obtain a

waiver of the fee by including with the Notice of Appeal a declaration of financial hardship on

the form prescribed at Form 4 in the Appendix of Forms. See Rule 24. If the Court accepts the

declaration, the fee will be waived. If the declaration is rejected for filing by the Court, the fee

or an acceptable declaration must be received by the Court within the time set by the Court's

rules or the appeal will be dismissed. If a facsimile Notice of Appeal is filed, the filing fee or

declaration must be received by the Court within 14 days after the facsimile was sent.

RULE 24. WAIVER OF FILING FEE

Payment of the filing fee required byRule 3(e) or Rule 21(a) will be waived, due to financial

hardship, in any case where the appellant (or petitioner) submits a declaration of financial

hardship and that declaration is accepted for filing. That declaration will be subject to the

penalty for perjury pursuant to 28 U.S.C. § 1746, and must be on the form prescribed at Form

4 in the Appendix of Forms. If the declaration is found to lack a signature or to be otherwise

noncompliant, it will be rejected for filing, and the Clerk will promptly return it to the appellant

(or petitioner); within 14 days (44 days if the declaration is filed by a person located outside a

state, the District of Columbia, Puerto Rico, or the Virgin Islands) after the return mailing of

such a noncompliant declaration, either the fee must be paid or a new declaration that addresses

the deficiencies in the noncompliant declaration must be submitted.
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

DECLARATION OF FINANCIAL HARDSHIP

______________________________, Appellant/Petitioner,

 v.

Secretary of Veterans Affairs, Appellee/Respondent.

I am the appellant/petitioner. I declare, bymy signature below, that payment of the fifty dollar

($50.00) filing fee required by Rule 3(e) 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.

__________________________ ______________________________________ 

Date Signature of Appellant/Petitioner

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Accepted for filing:

__________________________ ______________________________________ 

Date Deputy Clerk

Form 4

(Rev 11/01)