Rule 11. Transmission of the Record on Appeal

(a) Transmission of the Record. The Secretary shall retain the original claims file. Within 30 days after the appellant's counterdesignation or statement was due under Rule 10, the Secretary shall transmit to the Clerk, as the record on appeal, in this order, an original and three copies of:

(1) a table of contents of the documents transmitted;

(2) a certified copy of the Board's decision showing the date it was mailed to the appellant, and the docket entries prepared by the Board; and

(3) a certified copy of the designated record, assembled in chronological order, with pages consecutively numbered (e.g., R–1, R–2, etc.).

A copy of the record on appeal shall be served on all parties when the record is transmitted.

(b) Supplementation of Transmitted Record. If a party believes any additional part of the claims file before the Secretary and the Board is relevant to an issue on appeal, the party, within 30 days after the record on appeal has been filed with the Clerk, may cause the record to be enlarged or supplemented by serving notice on all other parties of the additional parts of the record to be transmitted. The Secretary shall then supplement the record on appeal by transmitting to the Clerk a certified copy, and three additional copies, of such supplemental record, assembled in chronological order and consecutively numbered (e.g., SR–1, SR–2, etc.) and shall serve a copy on the appellant. A party who believes additional material sought by another party is clearly beyond the scope of matters relevant to the appeal may file a motion to limit the contents of the supplemental record. The motion shall describe the good faith efforts made to resolve the dispute. Unless the Court orders otherwise, supplementation of the record does not extend the time for filing the appellant's brief.

(c) Access of Parties or Representatives to Original Record.

(1) Material not Subject to a Protective Order. After a Notice of Appeal has been filed, the Secretary shall permit a party or a representative of a party to inspect and to copy material in the record before the Board. Such inspection and copying shall be subject to reasonable regulation by the Secretary.

(2) Confidential Information. On its own initiative or on motion of a party, the Court may take appropriate action to prevent disclosure of confidential information. See also Rule 48.

(As amended June 14, 1994, eff. Aug. 1, 1994.)