Rule 11. Transmission of the Record on Appeal

(a) Transmission of the Record. The Secretary shall retain the original claims file and shall transmit two certified copies of the record on appeal to the Clerk, serving a copy on each party. The Court may direct that additional copies be transmitted.

(1) Content. The record, preceded by a table of contents which subdivides service medical records by calendar year, must be paginated and contain, in this order:

(A) a photocopy of the Board's decision being appealed; and

(B) all documents agreed or ordered to be part of the record on appeal, assembled in chronological order.

(2) Time. Unless the Court orders otherwise, the Secretary shall transmit the record within 30 days after the appellant's counter designation or statement was due under Rule 10.

(b) Supplementation of Transmitted Record.

(1) Motion. 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 may, within 30 days after the record on appeal has been filed with the Clerk, file a motion to supplement the record, identifying the additional material to be transmitted.

(2) Opposition. A party who believes additional material sought by another party is beyond the scope of matters relevant to the appeal may, within 14 days after service of the motion to supplement, file an opposition to the motion, describing the good faith efforts made to resolve the dispute.

(3) Supplemented record. Within 14 days after the motion is decided, the Secretary shall transmit to the Clerk two certified copies of such supplemental record, assembled in chronological order, paginated, and accompanied by a table of contents, and shall serve a copy on the appellant.

(4) Other time limits. Unless the Court orders otherwise, supplementation of the record does not extend the time for filing either party'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.