Rule 4. When to Appeal

(a) Time for Appeal. To obtain review by the Court of a Board decision, a person adversely affected by that decision must file a Notice of Appeal within 120 days after the date on which the Board mailed notice of the decision to the last known address of the appellant and the appellant's authorized representative, if any. A Notice of Appeal shall be deemed to be received:

(1) on the date of its legible postmark, affixed by the United States Postal Service (not including a postage-metered date imprint other than one affixed by the United States Postal Service) on the cover in which the Notice is posted, if the mailing is properly addressed to the Court and is mailed, or

(2) on the date of its receipt by the Clerk, if it does not bear a legible postmark affixed by the United States Postal Service, or it is delivered or sent by means other than United States mail, including facsimile.

(b) Notice of Docketing. The Clerk shall mail a Notice of Docketing to all parties advising them of the date when the Clerk received the Notice of Appeal.

(c) Copy of Board Decision.Within 30 days after the date of the Clerk's Notice of Docketing, the Secretary shall file and serve a certified copy of the Board's decision, showing the date the decision was mailed, the filing date of any motion for its reconsideration, and the date and nature of any action on such a motion.

(As amended June 14, 1994, eff. Aug. 1, 1994; Nov. 7, 1994.)