The appeals process starts when a Notice of Appeal (NOA) is filed with the Clerk. The Notice of Appeal (NOA) 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.

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).

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).

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.

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).

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 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.

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.

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

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).

The Secretary must file and serve 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.

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 Rule 28.1(b) and 26(c).

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'sdecision 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.

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

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.

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.

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.

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

If the appellant 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 VA. See Rule 39(a).

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

If the Secretary is contesting the EAJA application, the appellant's representative may file a reply to further justify the EAJA application within 30 days after service of the Secretary's response. See Rule 39(c).

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.

After the EAJA decision, the appellant's representative may file a motion for reconsideration of the EAJA decision within 21 days. See Rule 35.

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

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.

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.

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