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

BVA 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 submitted by or on behalf

of the appellant. Send this motion to the address above for the Director, Management, Planning and Analysis, 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.

Can someone represent me in my appeal? Yes. You can always represent yourself in any claim before VA, including the BVA, 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: 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, then you can get information on how to do so by

writing directly to the Court. Upon request, the Court will provide you with a state-by-state listing of persons admitted to practice

before the Court who have indicated their availability to represent appellants. This information, as well as information about free

representation through the Veterans Consortium Pro Bono Program (toll free telephone at: (888) 838-7727), is also provided on the

Court's website at:

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: In all cases, a copy of any fee agreement between you and an attorney or accredited agent must be sent to

the Secretary at the following address:

Office of the General Counsel (022D)

810 Vermont Avenue, NW

Washington, DC 20420

The Office of the General Counsel may decide, on its own motion, 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).

SUPERSEDES VA FORM 4597B, JUN 2008,

VA FORM 4597b, AUG 2009, PAGE 2

WHICH WILL NOT BE USED.

Va Form 4597b - Your Rights To Appeal Our Decision On Your Motion For Review For Clear And Unmistakable Error Page 2