Fillable Printable VA Form 4597

VA Form 4597

YOUR RIGHTS TO APPEAL OUR DECISION

The attached decision by the Board of Veterans' Appeals (Board) is the final decision for all issues addressed in the "Order" section of

the decision. The Board may also choose to remand an issue or issues to the local VA office for additional development. If the Board

did this in your case, then a "Remand" section follows the "Order." However, you cannot appeal an issue remanded to the local VA

office because a remand is not a final decision. The advice below on how to appeal a claim applies only to issues that were allowed,

denied, or dismissed in the "Order."

If you are satisfied with the outcome of your appeal, you do not need to do anything. Your local VA office will implement the Board's

decision. However, if you are not satisfied with the Board's decision on any or all of the issues allowed, denied, or dismissed, you

have the following options, which are listed in no particular order of importance:

Appeal to the United States Court of Appeals for Veterans Claims (Court)

File with the Board a motion for reconsideration of this decision

File with the Board a motion to vacate this decision

File with the Board a motion for revision of this decision based on clear and unmistakable error.

Although it would not affect this Board decision, you may choose to also:

Reopen your claim at the local VA office by submitting new and material evidence.

There is no time limit for filing a motion for reconsideration, a motion to vacate, or a motion for revision based on clear and

unmistakable error with the Board, or a claim to reopen at the local VA office. Please note that if you file a Notice of Appeal with the

Court and a motion with the Board at the same time, this may delay your appeal at the Court because of jurisdictional conflicts. If you

file a Notice of Appeal with the Court before you file a motion with the Board, the Board will not be able to consider your motion

without the Court's permission or until your appeal at the Court is resolved.

How long do I have to start my appeal to the Court? You have 120 days from the date this decision was mailed to you (as shown

on the first page of this decision) to file a Notice of Appeal with the Court. If you also want to file a motion for reconsideration or a

motion to vacate, you will still have time to appeal to the Court. As long as you file your motion(s) with the Board within 120 days of

the date this decision was mailed to you, you will then have another 120 days from the date the Board decides the motion for

reconsideration or the motion to vacate to appeal to the Court. You should know that even if you have a representative, as discussed

below, it is your responsibility to make sure that your appeal to the Court is filed on time. Please note that the 120-day time limit to

file a Notice of Appeal with the Court does not include a period of active duty. If your active military service materially affects your

ability to file a Notice of Appeal (e.g., due to a combat deployment), you may also be entitled to an additional 90 days after active duty

service terminates before the 120-day appeal period (or remainder of the appeal period) begins to run.

How do I appeal to the United States Court of Appeals for Veterans Claims? Send your Notice of Appeal to the Court at:

Clerk, U.S. Court of Appeals for Veterans Claims

625 Indiana Avenue, NW, Suite 900

Washington, DC 20004-2950

You can get information about the Notice of Appeal, the procedure for filing a Notice of Appeal, the filing fee (or a motion to waive

the filing fee if payment would cause financial hardship), and other matters covered by the Court's rules directly from the Court. You

can also get this information from the Court's website on the Internet at: //www.uscourts.cavc.gov

, and you can download forms

directly from that website. The Court's facsimile number is (202) 501-5848.

To ensure full protection of your right of appeal to the Court, you must file your Notice of Appeal with the Court, not with the Board,

or any other VA office.

How do I file a motion for reconsideration? You can file a motion asking the Board to reconsider any part of this decision by

writing a letter to the Board clearly explaining why you believe that the Board committed an obvious error of fact or law, or stating

that new and material military service records have been discovered that apply to your appeal. It is important that your letter be as

specific as possible. A general statement of dissatisfaction with the Board decision or some other aspect of the VA claims

adjudication process will not suffice. If the Board has decided more than one issue, be sure to tell us which issue(s) you want

reconsidered. Issues not clearly identified may not be considered. Send your letter to:

Litigation Support Branch

Board of Veterans' Appeals

P.O. Box 27063

Washington, DC 20038

VA FORM

DEC 2016

4597

Page 1

CONTINUED ON NEXT PAGE

Remember, the Board places no time limit on filing a motion for reconsideration, and you can do this at any time. However, if you also

plan to appeal this decision to the Court, you must file your motion within 120 days from the date of this decision.

How do I file a motion to vacate? You can file a motion asking the Board to vacate any part of this decision by writing a letter to the

Board stating why you believe you were denied due process of law during your appeal. See 38 C.F.R. 20.904. For example, you were

denied your right to representation through action or inaction by VA personnel, you were not provided a Statement of the Case or

Supplemental Statement of the Case, or you did not get a personal hearing that you requested. You can also file a motion to vacate any

part of this decision on the basis that the Board allowed benefits based on false or fraudulent evidence. Send this motion to the address

on the previous page for the Litigation Support Branch, at the Board. Remember, the Board places no time limit on filing a motion to

vacate, and you can do this at any time. However, if you also plan to appeal this decision to the Court, you must file your motion

within 120 days from the date of this decision.

How do I file a motion to revise the Board's decision on the basis of clear and unmistakable error? You can file a motion asking

that the Board revise this decision if you believe that the decision is based on "clear and unmistakable error" (CUE). Send this motion

to the address on the previous page for the Litigation Support Branch, at the Board. You should be careful when preparing such a

motion because it must meet specific requirements, and the Board will not review a final decision on this basis more than once. You

should carefully review the Board's Rules of Practice on CUE, 38 C.F.R. 20.1400-20.1411, and seek help from a qualified

representative before filing such a motion. See discussion on representation below. Remember, the Board places no time limit on

filing a CUE review motion, and you can do this at any time.

How do I reopen my claim? You can ask your local VA office to reopen your claim by simply sending them a statement indicating

that you want to reopen your claim. However, to be successful in reopening your claim, you must submit new and material evidence to

that office. See 38 C.F.R. 3.156(a).

Can someone represent me in my appeal? Yes. You can always represent yourself in any claim before VA, including the Board, but

you can also appoint someone to represent you. An accredited representative of a recognized service organization may represent you

free of charge. VA approves these organizations to help veterans, service members, and dependents prepare their claims and present

them to VA. An accredited representative works for the service organization and knows how to prepare and present claims. You can

find a listing of these organizations on the Internet at: //www.va.gov/vso. You can also choose to be represented by a private

attorney or by an "agent." (An agent is a person who is not a lawyer, but is specially accredited by VA.)

If you want someone to represent you before the Court, rather than before VA, you can get information on how to do so at the Court's

website at: //www.uscourts.cavc.gov. The Court's website provides a state-by-state listing of persons admitted to practice before

the Court who have indicated their availability to represent appellants. You may also request this information by writing directly to the

Court. Information about free representation through the Veterans Consortium Pro Bono Program is also available at the Court's

website, or at: //www.vetsprobono.org, [email protected], or (855) 446-9678.

Do I have to pay an attorney or agent to represent me? An attorney or agent may charge a fee to represent you after a notice of

disagreement has been filed with respect to your case, provided that the notice of disagreement was filed on or after June 20, 2007. See

38 U.S.C. 5904; 38 C.F.R. 14.636. If the notice of disagreement was filed before June 20, 2007, an attorney or accredited agent may

charge fees for services, but only after the Board first issues a final decision in the case, and only if the agent or attorney is hired within

one year of the Board's decision. See 38 C.F.R. 14.636(c)(2).

The notice of disagreement limitation does not apply to fees charged, allowed, or paid for services provided with respect to proceedings

before a court. VA cannot pay the fees of your attorney or agent, with the exception of payment of fees out of past-due benefits

awarded to you on the basis of your claim when provided for in a fee agreement.

Fee for VA home and small business loan cases: An attorney or agent may charge you a reasonable fee for services involving a VA

home loan or small business loan. See 38 U.S.C. 5904; 38 C.F.R. 14.636(d).

Filing of Fee Agreements: If you hire an attorney or agent to represent you, a copy of any fee agreement must be sent to VA. The fee

agreement must clearly specify if VA is to pay the attorney or agent directly out of past-due benefits. See 38 C.F.R. 14.636(g)(2). If

the fee agreement provides for the direct payment of fees out of past-due benefits, a copy of the direct-pay fee agreement must be filed

with the agency of original jurisdiction within 30 days of its execution. A copy of any fee agreement that is not a direct-pay fee

agreement must be filed with the Office of the General Counsel within 30 days of its execution by mailing the copy to the following

address: Office of the General Counsel (022D), Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420.

See 38 C.F.R. 14.636(g)(3).

The Office of the General Counsel may decide, on its own, to review a fee agreement or expenses charged by your agent or attorney for

reasonableness. You can also file a motion requesting such review to the address above for the Office of the General Counsel. See

38 C.F.R. 14.636(i); 14.637(d).

VA FORM 4597, DEC 2016, PAGE 2

SUPERSEDES VA FORM 4597, MAR 2015,

WHICH WILL NOT BE USED.