Internal Operating Procedures - page 16

5:00 p.m. on the 10th working day after the day on which the proposed en banc order or
opinion was re-circulated. No separate opinion or statement will be issued unless timely
circulated to all participating Judges and timely submitted for issuance with the Court's
opinion. At the request of any participating Judge, for good cause the Chief Judge may
extend the time to submit a separate opinion or statement for issuance with the Court's
opinion or order, but the extension may not exceed an additional 30 calendar days.
(D) Editor Review. The author Judge of the Court's opinion or order forwards to the
editors for format and style review a copy of the final opinion or order, with any separate
opinion or statement, as soon as practicable after (1) the expiration of the comment
period, (2) the expiration of any period for the circulation of any separate opinion or
statement if notice of intent to write separately has been timely circulated, and (3) any
comments have been considered. Within 5 working days, the editors provide to the
author Judge and to any other writing Judge any format and style suggestions.
(E) Issuance. Upon incorporation of all final format and style changes, and after all
participating Judges have had the opportunity to review the final product, the author
Judge forwards the final decision, with any concurrence or dissent, to the Clerk for
issuance. Prior to sending to the Clerk for issuance, the panel may request an additional
review by the editors, particularly in instances where the draft has undergone significant
revision since the editors' last review.
(a) Policy.
All dispositive panel actions are submitted for publication in the
Veterans Appeals
and for electronic publication on WESTLAW and LEXIS. All single-judge
dispositive actions are submitted for electronic publication. All nondispositive panel and
single-judge actions are sent only to the parties unless they are designated for electronic
publication by the authoring panel or single Judge.
(b) Designation for Publication.
Designation of an action of the Court for publication in the
Veterans Appeals Reporter
, other than as noted above, may be requested by any Judge. The
requesting Judge circulates a justification statement to all Judges serving in regular active
status and the matter is published upon majority approval of the BOJ.
(a) Motions.
Action by the Clerk
. The Clerk disposes of uncontested or routine procedural motions in
accordance with the Court's
Rules of Practice and Procedure
and as otherwise
determined by the Court.
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