How to File an Appeal
How to File an Appeal
Whether or not you have someone to represent you, if you disagree with the final decision of the Board of Veterans' Appeals and want to appeal to the Court, you must file a notice of appeal with the Court within 120 days after the date the Board mailed a copy of its final decision. That date which is stamped on the front of the Board's decision.
If you do not appeal to the Court or file a motion for reconsideration with the Chairman of the Board not later than 120 calendar days from the date that the Board's decision was mailed to you, the Board's decision becomes final and the Court may not have jurisdiction to hear your appeal. A Notice of Appeal is considered received by the Court on the date of a legible postmark if it is properly addressed and sent by the U.S. Postal Service or the date it is actually received by the Court if it is sent by means other than the U.S. Postal Service or faxed. See Rule 4(a) of the Court's Rules of Practice and Procedure.
Filing a motion for reconsideration with the Board within 120 days of its original decision stops the clock on your time to file an appeal with the Court. If you do file a motion for reconsideration with the Chairman and the Chairman denies your motion, the time to file an appeal with the Court begins again, and you must file a written Notice of Appeal with the Court within 120 days from the date of the Chairman's letter denying the motion for reconsideration (set out in a letter).
To file an appeal at the U.S. Court of Appeals for Veterans Claims, you must:
1. file a written Notice of Appeal with the Clerk of the Court;
2. pay the filing fee or file a declaration of your inability to pay the filing fee;
Rule 3 of the Court's Rules of Practice and Procedure sets out the content that must be included in a Notice of Appeal. Court Form 1 may be used for the Notice of Appeal.
The fee for filing an appeal is $50. Enclose a check or money order payable to "U.S. Court of Appeals for Veterans Claims" with your Notice of Appeal. If you cannot afford this fee, you must complete a Declaration of Financial Hardship.
Mail your Notice of Appeal and filing fee or Declaration of Financial Hardship to:
Clerk of the Court
United States Court of Appeals for Veterans Claims
625 Indiana Avenue, NW, Suite 900
Washington, DC 20004-2950
Or fax your Notice of Appeal to:
(202) 501-5848
If you fax your Notice of Appeal, you must mail the filing fee or Declaration of Financial Hardship so that the Court receives it not later than 14 days after the fax was sent. You should also contact the Court to confirm receipt of the Notice of Appeal as the Court is not responsible for faxes that are not received.
You should keep evidence of the date on which you sent the Notice of Appeal.
Currently, appeals by email or other electronic forms are not permitted.
