Updated: 08/18/2002

INSTRUCTIONS TO VETERANS TO APPEAL A BVA DECISION TO THE COURT OF  APPEALS  FOR VETERANS CLAIMS (CAVC) WITHOUT AN ATTORNEY:

ALWAYS CHECK THE COURT WEB SITE TO COMPARE FORMS AT

http://www.vetapp.gov/

BEFORE USING THESE FORMS TO INSURE THAT CHANGES HAVE NOT BEEN MADE - THE COURT WEB SITE FORMS SHOULD BE CORRECT.

1. Always attempt to retain an attorney
2. Read carefully all attached sheets and fill out completely. If you wish to appeal without payment of the $50.00 court fee, fill out the attached waiver application.

3. An appeal must be filed (not just mailed) at the Court within 120 days after the BVA mailed the decision being appealed.

4. Retain copies of all documents.

5. Make certain that copies of all documents are mailed (served upon) to the Counsel to the Secretary at the same time as mailed to the Court. Different mailing dates or failure to serve the Counsel to the Secretary can cause dismissal of your case.

6. Keep calling the Court (1-800-869-8654) to help you get a free (pro bono) attorney.

7. Remember that YOU are the Appellant. The Secretary is the Appellee.



Your Printed Name:          _______________________________

Your street address        _______________________________

Your City State Zip:     _______________________________

Date of this letter:     _______________________________

 

The Honorable Norman Y. Herring

Clerk of the Court

United States Court of Appeals for Veterans Claims

625 Indiana Avenue N.W., Suite 900

Washington, D.C. 20006

 

Dear Mr. Herring:

 

     Attached to this letter is an Appeal with other pleadings to be filed in the United States Court of Appeals for Veterans Claims. I am filing my appeal without an attorney.

 

     I seek your assistance in finding an attorney to represent me. Can you send me information about having a Pro Bono attorney appointed from that group in Washington, D.C.?

 

     A check for the amount of $50.00 is also attached pursuant to the CAVC Rules and the instructions on Forms shown in the Rules unless I requested waiver of this fee.

 

     Service has been made on the office of the Counsel to the Secretary of the Department of Veterans Affairs.

 

     One extra copy of the first page of each pleading is also attached and I request that you stamp the extra pleading(s) as "filed" and return them to me in the enclosed envelope with postage affixed.  I look forward to receiving the copies.

 

Sincerely yours,

 

 

Appellant (sign here)

 

enc:      Notice of Appeal

          Waiver of fees (if attached)

          Motion to Stay to retain attorney

          Copy or Copies of all 1st pages of enclosed documents

          Envelope with Stamps to return to appellant

 

USE THE COURT'S WEB SITE FOR FORMS.   http://www.vetapp.gov/

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