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TITLE 38 App. > RULES > Rule 11

Rule 11. Transmission of the Record on Appeal

(a) Transmission. The Secretary retains the original claims file. The Secretary must transmit to the Clerk two certified copies of the record on appeal and also serve a copy on each party. The Court may direct that additional copies be transmitted.
(1) Content. The record, preceded by a table of contents that must subdivide service medical records by calendar year, must be paginated and contain, in this order:
(A) A photocopy of the Board’s decision(s) being appealed; and
(B) photocopies of all documents, assembled in chronological order, that are agreed or ordered to be part of the record on appeal.
(2) Time. Unless the Court orders otherwise, the Secretary must transmit the record not later than 30 days after the appellant’s counter designation or statement was (A) due under Rule 10 or (B) served on the Secretary, whichever date is later.
(3) Filing of record; notice to file brief. Upon receiving the record on appeal, the Clerk will file it and notify all parties when the appellant’s brief is due. See Rule 31 (a)(1).
(b) Supplementation.
(1) Motion. If, after the record on appeal has been transmitted to the Clerk and before the filing of the appellant’s brief (see Rule 31 (a)(1)), a party believes that any additional material that was before the Secretary and the Board is relevant to an issue on appeal, the party may file a motion to supplement the record. The motion must identify the material sought to be added to the record on appeal, include a copy of that material if it is in the possession of that party, and describe the steps taken pursuant to Rule 27 (a)(4).
(2) Opposition. A party who believes that material sought to be added by another party is beyond the scope of matters relevant to the appeal may, not later than 14 days after service of the motion to supplement, file an opposition to the motion. The opposition must explain why the material opposed is not relevant to the appeal.
(3) Supplemental record. Not later than 14 days after the motion is granted in whole or in part, the Secretary must transmit to the Clerk two certified copies of such supplemental record, assembled in chronological order, paginated, and preceded by a table of contents, and also must serve a copy on each party.
(4) Time limits for filing briefs. Unless the Court orders otherwise, supplementation of the record does not extend the time for filing any 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 must permit a party or a representative of a party to inspect and to copy, subject to reasonable regulation by the Secretary, material in the record before the Board.
(2) Confidential information. On its own initiative or on a party’s motion, the Court may take appropriate action to prevent disclosure of confidential information. See also Rule 48.
(d) Contingency Planning. See Rule 37.

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