Rule 3. How to Appeal

(a) Filing. An appeal will be taken by filing a written Notice of Appeal with the Clerk within the time allowed by Rule 4(a). A Notice of Appeal may be filed by facsimile sent to the Clerk of the Court at (202) 501–5848. Failure of an appellant to take any step under these rules after the timely filing of a Notice of Appeal may be grounds for such action as the Court deems appropriate, which may include dismissal of the appeal.

(b) Service. The appellant shall serve on the Secretary of Veterans Affairs (Secretary), and any other party to the proceedings before the Board, a copy of the Notice of Appeal. See Rule 25.

(c) Content. The Notice of Appeal shall:

(1) name the party or parties taking the appeal;

(2) designate the Board decision appealed from; and

(3) include the addresses of the appellant(s) and of any representative.

Form 1 in the Appendix of Forms is a suggested form of Notice of Appeal. An appeal will not be dismissed for informality of the Notice of Appeal.

(d) Joint or Consolidated Appeals. If more than one person is entitled to appeal from a decision of the Board and their interests make joinder practicable, they may file a joint Notice of Appeal or may join in an appeal after filing separate timely Notices of Appeal, and they may thereafter proceed on appeal as a single appellant. Appeals may be consolidated by order of the Court on its own initiative or on motion of a party.

(e) Payment of Fees. Upon the filing of any separate or joint Notice of Appeal from a decision of the Board, each appellant shall include with the Notice of Appeal a $50.00 nonrefundable filing fee payable to "U.S. Court of Veterans Appeals." If an appellant believes the payment of the fee will impose a financial hardship, the appellant may request a waiver of the fee by including with the Notice of Appeal a motion and affidavit on the form prescribed at Form 4 in the Appendix of Forms. See Rule 24. If the Court grants the motion, the fee will be waived. If the motion is denied by the Court, the fee must be received by the Court within the time set by the Court's order or the appeal will be dismissed. If a facsimile Notice of Appeal is filed, the filing fee or motion to waive the fee must be received by the Court within 14 days after the facsimile was sent.

(f) Limited Appearance. The filing of a Notice of Appeal alone, or the filing of a motion to stay proceedings to permit evaluation of a case for possible representation, by a representative, will not amount to an appearance under Rule 46 by that representative if the Notice of Appeal or the motion contains the statement "This is a limited appearance."

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