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TITLE 38 App. > RULES > Rule 4

Rule 4. Filing Appeal; Docketing; Board Decision

(a) Time for Appeal. A Notice of Appeal must be received by the Clerk not later than 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 is 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 of Appeal 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 if it is delivered or sent by means other than United States mail, including fax.
But see Rule 25 (b)(3) as to an appellant confined in an institution.
(b) Docketing.
(1) Docketing the appeal. Upon receipt of the Notice of Appeal, the Clerk will docket the appeal, identifying the appellant by name, unless otherwise ordered by the Court.
(2) Designation of public official. The Secretary will be described as the appellee by name and official title.
(3) Notice of Docketing. The Clerk will send 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. Not later than 30 days after the date of the Clerk’s Notice of Docketing (see subsection (b)(3)), the Secretary must file with the Clerk and serve on the appellant a copy of the Board’s decision, showing—
(1) the date on which notice of the decision was mailed, and
(2) the filing date of any motion for its reconsideration or vacatur and the date and nature of any action on such a motion.

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