Filed by the appellant Issued by the Court

Filed by the Secretary --- Optional

The U.S. Court of Appeals for Veterans Claims (CAVC) provides judicial review of final decisions by the Board of Veterans' Appeals (Board). The Court reviews the Board decision, 

the written record, and the briefs of the parties. 

A person who files an appeal at the Court is called an "appellant." An appellant appealing a Board decision is bringing legal action against the Secretary of Veterans Affairs, who is 

also referred to as the "Secretary" or "appellee." 

CAVC Court Process

Board

Decision

Notice of 

Appeal

Notice of Docketing

Record Before the 

Agency

Motion to Dispute 

the RBA

Copy of Board 

Decision

Notice to File the 

Appellant's Brief

Appellant's Brief

Secretary's Brief

Record of 

Proceedings

Appellant's Reply 

Brief

Motion to Dispute 

the ROP

NOTICE OF APPEAL and FILING FEE

The appeals process starts when a Notice of Appeal is filed with the Clerk. The Notice of Appeal must be received by the Clerk within 120 

days of the mailing of the Board decision. The appellant must either pay a filing fee of $50 or submit a Declaration of Financial Hardship. See 

instructions on How to Appeal and Rules 3 and 4 of the Court's Rules of Practice and Procedure.

NOTICE OF DOCKETING

Once the Notice of Appeal is filed, the Clerk will send a Notice of Docketing containing the Court's case number and instructions for both 

parties. The Court's case number is different from the VA's claims file number. Place the Court's case number on every pleading sent to the 

Court. See Rule 4(b)(3).

COPY OF THE BOARD DECISION

The Notice of Docketing instructs the Secretary to file with the Court and serve on the appellant a copy of the Board decision within 30 days. 

See Rule 4(c).

RECORD BEFORE THE AGENCY (RBA)

The Notice of Docketing instructs the Secretary to serve on the appellant the RBA and file a notice with the Court certifying that the RBA has 

been served within 60 days. The RBA is a collection of: 

: All materials that were contained in the claims file on the date the Board issued the decision

: Any other material from the record before the Secretary and the Board relevant to the issues listed in the Board decision on appeal

: A list of any record material that cannot be duplicated.

See Rule 10.

MOTION TO DISPUTE THE RBA (OPTIONAL)

The appellant may file a motion to dispute the RBA within 19 days after the RBA has been served if there are documents missing in the RBA 

that are pertinent to the appeal. Please remember that the Court does not receive new evidence. See Rules 10(b) and 26(c).

NOTICE TO FILE THE APPELLANT'S BRIEF

Once both parties agree on the content of the RBA, the Clerk will issue a notice instructing the appellant to file a brief within 60 days (or 30 

days after the completion of the Rule 33 staff conference). 

APPELLANT'S BRIEF

The appellant must file a brief within 60 days after the Notice to File the Brief is issued or 30 days from the Rule 33 conference, whichever is 

later. Self-represented appellants may use the Informal Brief form. To cite recorded facts, the appellant should refer to specific pages in the 

RBA. Do not attach copies of pages of the RBA. A brief may not exceed 30 pages. Please remember that the Court does not receive new 

evidence. See Rules 28, 31, and 32.

SECRETARY'S BRIEF

The Secretary must file a brief within 60 days after service of the appellant's brief. See Rules 28, 31, and 32.

APPELLANT'S REPLY BRIEF (OPTIONAL)

The appellant may file a reply brief in response to the Secretary's brief within 14 days after service of the Secretary's brief. The reply brief 

may not exceed 15 pages. See Rules 28, 31, 32, and 26(c).

RECORD OF PROCEEDINGS (ROP)

The Secretary must file and serve on the appellant the ROP within 14 days after service of the appellant's reply brief or within 14 days after 

the reply brief was due (if a reply brief was not filed). The ROP is a collection of materials, which come only from the RBA, that is required to 

decide the appeal. Only documents that are relevant to the appealed issues decided by the Board are included in the ROP. See Rule 28.1.

MOTION TO DISPUTE THE ROP (OPTIONAL)

The appellant may file a motion to dispute the ROP within 19 days after the ROP has been served if there are documents missing in the ROP 

that are pertinent to the appeal. See Rules 28.1(b) and 26(c).

Rule 33 

Conference

RULE 33 CONFERENCE

The Rule 33 conference is mandatory for represented appellants. Parties are strongly encouraged to discuss settlement or alternative 

disposition of the matters on appeal. See Rule 33.

The Court is conducting a pilot program which offers self-represented appellants an opportunity to opt into participating in the Court's 

mediation program with an attorney.

CAVC Court Process Page 1
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Notice of Appeal

to the CAFC

Motion for 

Reconsideration

Decision of 

Judge(s)

Judgment

Mandate

DECISION OF JUDGE(S)

Cases are ordinarily decided by a single Judge. However, a case may be decided by a panel of three Judges if it establishes a new rule of law; 

alters, modifies, criticizes, or clarifies an existing rule of law; applies an established rule of law to a novel fact situation; constitutes the only 

recent, binding precedent on a particular point of law within the power of the Court to decide; involves a legal issue of continuing public 

interest; or has a reasonably debatable outcome. In addition, a case may be decided by the en banc Court (all active Judges), if such action is 

necessary to secure or maintain uniformity of the Court's decisions or to resolve a question of exceptional importance.

The Court may affirm the Board's decision in whole or in part, meaning the Court agrees with the Board and will uphold all or part of the 

decision. In the alternative, the Court may reverse (overturn), vacate (cancel), or remand the decision of the Board in whole or in part, 

sending it back for action by the Board. The Court may also dismiss the appeal, leaving the Board decision in effect, if the Court does not have 

the jurisdiction (or legal authority) to consider the appeal, if the appellant has not followed the Court's Rules of Practice and Procedure, or if 

the appellant withdraws the appeal.

MOTION FOR RECONSIDERATION (OPTIONAL)

The appellant may file a motion for reconsideration by a single Judge or by a panel within 21 days. See Rule 35.

JUDGMENT

Judgment begins the 60-day time period for appealing to the U.S. Court of Appeals for the Federal Circuit. The Court enters judgment on its 

docket 22 days after it issues its decision (if no motion for reconsideration is filed) or at the expiration of time allowed for reconsideration in 

Rule 35 of the Court's Rules of Practice and Procedure. See Rule 36.

NOTICE OF APPEAL TO THE U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT (CAFC) (OPTIONAL)

If the appellant still disagrees with the Court's decision, he or she may file a Notice of Appeal to the CAFC through this Court, the CAVC, within 

60 days after judgment has entered. The Court will forward the Notice of Appeal to the CAFC. The case at this Court will be stayed pending 

the decision of the CAFC. See the CAFC's Rules.

MANDATE

Mandate is when the Court's judgment becomes final and is effective as a matter of law. Mandate is effective 60 days after the date of the 

entry of the judgment or as set forth in accordance with 38 U.S.C. § 7291. See Rule 41.

APPEAL TO THE SUPREME COURT OF THE UNITED STATES (SCOTUS) (OPTIONAL)

The decision of the CAFC may be further appealed to the SCOTUS. The case at this Court, the CAVC, will resume after the CAFC issues its 

decision and the case will resume through the Court even if the appellant has an appeal at the SCOTUS. See the SCOTUS's Rules.

Notice of Appeal

to the SCOTUS

EAJA Decision

Appellant's Reply 

to the Secretary's 

Response to the 

EAJA Application 

Motion for 

Reconsideration

EAJA Mandate

Notice of Appeal

to the SCOTUS

EQUAL ACCESS TO JUSTICE ACT (EAJA) APPLICATION (OPTIONAL)

If the appellant's appeal is successful, the appellant's representative may file an EAJA application for attorney fees not later than 30 days 

after the Court's judgment becomes final. The EAJA process does NOT affect the decision on the appeal. An EAJA award does NOT affect 

the money that the appellant receives from the VA. See Rule 39(a).

SECRETARY'S RESPONSE TO THE EAJA APPLICATION

The Secretary must file a response to the EAJA application within 30 days after it is filed. See Rule 39(b).

APPELLANT'S RESPONSE TO THE SECRETARY (OPTIONAL)

If the Secretary is contesting the EAJA application, the appellant's respresentative may file a reply to further justify the EAJA application 

within 30 days after service of the Secretary's response. See Rule 39(c). 

EAJA DECISION

Uncontested EAJA applications are reviewed and approved by the Clerk of the Court. Contested EAJA applications are decided by a single 

Judge or panel of Judges. 

MOTION FOR RECONSIDERATION OF EAJA DECISION (OPTIONAL)

After the EAJA decision, the appellant's representative may file a motion for reconsideration of the EAJA decision within 21 days. See Rule 

35.

EAJA JUDGMENT

The Court enters EAJA judgment on its docket 22 days after it issues its EAJA decision (if no motion for reconsideration is filed) or at the 

expiration of the time allowed for reconsideration under Rule 35 of the Court's Rules of Practice and Procedure. See Rule 36. 

NOTICE OF APPEAL OF EAJA DECISION TO THE CAFC (OPTIONAL)

If the appellant's representative still disagrees with the Court's EAJA decision, he or she may file a Notice of Appeal to the CAFC through 

this Court within 60 days after the EAJA judgment has issued. The Court will forward the Notice of Appeal to the CAFC. The case at this 

Court will be stayed pending the decision of the CAFC. See the CAFC's Rules.

EAJA MANDATE

The EAJA mandate is effective 60 days after the date of the entry of the EAJA judgment or as set forth in accordance with 38 U.S.C. § 7291.

It confirms the closing of the appeal. See Rule 41.

EAJA APPEAL TO THE SCOTUS (OPTIONAL)

The EAJA decision of the CAFC may be further appealed to the SCOTUS. The case at this Court, the CAVC, will resume after the decision of 

the CAFC and will resume through this Court even if the appellant's representative has an appeal at the Supreme Court. See the SCOTUS's 

Rules.

EAJA Judgment

Notice of Appeal

to the CAFC

Secretary's Response to 

the EAJA Application

EAJA Application 

for Attorney's Fees

CAVC Court Process Page 2