Rules of Practice and Procedure effective September 15, 2011 - page 5

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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;
(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).
F
ORM
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
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