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YOUR RIGHTS TO APPEAL OUR DECISION ON YOUR MOTION FOR REVIEW

FOR CLEAR AND UNMISTAKABLE ERROR

The attached decision by the Board of Veterans' Appeals (BVA or Board) is the final decision on your motion for the Board to review

one or more of its final decisions for clear and unmistakable error (CUE). If you are satisfied with the outcome of this decision, you

do not need to do anything. However, if you are not satisfied with this decision, 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.

None of these things is mutually exclusive - you can do all three at the same time if you wish. However, if you file a Notice of Appeal

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

Notice of Appeal with the Court before you file a motion with the BVA, the BVA will not be able to consider your motion without the

Court's permission.

There is no time limit for filing a motion for reconsideration or a motion to vacate with the Board.

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 BVA 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.

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: , 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 BVA to reconsider any part of this decision by

writing a letter to the BVA clearly explaining why you believe that the BVA 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 such letter be as specific

as possible. A general statement of dissatisfaction with the BVA decision or some other aspect of the VA claims adjudication process

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

clearly identified will not be considered. Send your letter to:

Director, Management, Planning and Analysis (014)

Board of Veterans' Appeals

810 Vermont Avenue, NW

Washington, DC 20420

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.

VA FORM

4597b

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CONTINUED ON NEXT PAGE

AUG 2009

Va Form 4597b - Your Rights To Appeal Our Decision On Your Motion For Review For Clear And Unmistakable Error

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