Instructions for Unrepresented Appellants

Legal Form Number8(a)
CourtUnited States Court of Appeals For Veterans Claims
SectionCourt of Appeals for Veteran Claims
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
625 Indiana Avenue, NW, Suite 900
Washington, DC 20004-2950
Website: www.uscourts.cavc.gov
Email: self-rep@uscourts.cavc.gov
INSTRUCTIONS FOR UNREPRESENTED APPELLANTS
First Steps
The first steps to having t he Court of Appeals for
Veterans Claims (the Court) consider your case are to
(1) file a Notice of Appeal (Form 1) from a Board of
Veterans' Appeals (BVA) decision, and (2) pay the $50
filing fee or request a waiver of that fee by completing a
Declaration of Financial Hardship (Form 4). These
forms ar e available from the Court's website at
www.uscourts.cavc.gov/forms_fees.php. On the Notice
of Appeal form you may choose to receive future
notifications from the Court via ema il or regular mail
delivered by the U.S. Postal S ervice (paper mail).
Once the Court receives your Notice of Appeal, we give
your case a case number and create a case docket
where all activity in your case is recorded. The notice of
docketing shows t hat information. Put your case
number not your VA claims file number or your social
security number on every paper you send to the Court
so we can match it with your case. Type or hand-print
your papers so we can read them. If we can't read your
filing, we will send it back to you and that will delay
your case.
You are referred to as the appellant. The other pa rty in
your appeal is the Secretary of Veterans Affairs, also
called "the Secretary" or the appellee. The Secretary is
represented by attorneys from t he VA Office of General
Counsel (VA counsel). As your case moves along, we
will se nd a notice or an order telling you what to do
next. Pay attentio n and do what it tells you. You must
follow the Court's Rules of Practice and Procedure
(Rules) that are posted on the Court's website at
www.uscourts.cavc.gov/rules_of_practice.php
About the Court
The Court is NOT part of VA. The Court does not
receive new evidence, hold trials, or award money
damages. It reviews o nly what the BVA did in your case,
based on the evidence and the briefs. In a few cases,
usually only when an appellant has a representative, the
Court will schedule an "oral argu ment" and the Judges
will ask the parties questions about the case.
Finding the Law
The statutes and regulations pertaining to veterans
benefits can be found in title 38 of the U.S. Code, and
title 38 of the Code of Federal Regulations. These are
available in most public libraries and online. The Court's
opinions are available in West's Veterans Appeals
Reporter and on the Court's web site at
www.uscourts.cavc.gov/orders_and_opinions.php.
Change of Address
If you move or change your pho ne number or email
address while your case is at the Court, send a no tice of
your new information to the Court and to VA counsel.
If you don't, and you miss a deadline because mail went
to your old address, the Court may dismiss your appeal
(terminate it without considering it).
Representation
The Secretary of Veterans Affairs is always represented
by an attorne y from the VA, who will argue VA's side.
You may represent yourself, although your side may be
better presented if you are also represented. When we
docket your appeal, your name and address become
public, so lawyers may write to you offering to represent
you some for a fee, and some without charge. If you
are interested in getting a representative, you may also
review a list of eligible attor neys and non-attorney
representatives on the Court's websi te at
www.uscourts.cavc .gov/public_list. php or you may
contact another attor ney you may know. Your
representative does not have to be from the state where
you live. The Court won't recommend or appoint anyone
to represent you. You ma y ask an attorney to repr esent
you or help you with your case for free (pro bono)
through the Veterans Consortium Pro Bono Program at
www.vetsprobono.org or 855-446-9678.
The Record Before the Agency
Not later than 60 days after the notice of docketing has
been sent to you, the Secretar y will: (1) copy all
materials that were contained in the claims file on the
date the BVA issued the decision that you are appealing
and copy any other material from the record before the
Secretary and the BVA (collectively referred to as "the
agency") relevant to the issues listed in the BVA
decision on appeal (Note: material submitted after the
BVA decision on appeal generally will not be included
in the record before the agency); (2) prepare a list of any
record material that cannot be duplicated; (3) assemble
and paginate those materials to create the record before
the agency; (4) provide a copy of the record before the
agency to you; and (5) file a notice with the Court
certifying that the record before the agency has been
served on you.

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