If you want to appeal a final Board of Veterans’ Appeals decision to the U.S. Court of Appeals for Veterans Claims (CAVC), the ordinary deadline is 120 days after the Board issues notice of its decision. File a Notice of Appeal with the Court; contacting VA or requesting a review from a law firm does not preserve that deadline.
If you think the deadline has passed, act promptly. Rules about late filings and certain Board motions may matter. They require attention to the actual documents and dates, rather than an assumption that every late appeal is barred or that an exception will apply.
When does the 120-day period start?
38 U.S.C. § 7266 ties the period to issuance of notice under section 7104(e). Start by examining the Board decision, its notice, and the appeal-rights instructions. Do not start counting from the day you happened to open the envelope. Problems with issuance or delivery deserve an individual review.
A regional office decision and a Board decision are different. This judicial appeal deadline concerns final Board decisions. A Board document may deny one issue while remanding another for further action. The remanded issue generally is not a final decision ready for ordinary Court review, but the denial may already carry a deadline.
How to count 120 days
- Identify the date notice of the appealable Board decision was issued.
- Exclude that starting day.
- Count 120 calendar days, including intervening weekends and holidays.
- Check the last day against the Court’s weekend, holiday, and closure rules.
- Confirm how and when the Court will treat your Notice of Appeal as filed.
Under CAVC Rule 26, the final day is excluded if it falls on a Saturday, Sunday, legal holiday, or a day the Court is closed at the Chief Judge’s direction. Continue to the next qualifying day. For example, notice issued June 1, 2026, ordinarily produces a September 29, 2026 deadline, absent a circumstance changing the calculation.
Keep the decision, envelope, electronic notices, and filing confirmations. A calendar reminder is useful, but it is no substitute for checking the governing documents. File early enough to address a rejected submission or delivery problem.
Where and how do you file a Notice of Appeal?
The Notice of Appeal goes to the CAVC, not a VA regional office or the Board. Use the Court’s current form and official filing instructions. The form identifies you and the Board decision; it is not the full legal brief explaining every error.
As of October 30, 2026, represented appellants beginning a new appeal must use ACMS. The Court’s transition took effect October 1, 2026; older cases remain in CM/ECF. Self-represented appellants have the mail, fax, and email options described in the Court’s instructions. Check current notices before using a particular method, especially if equipment or electronic systems are unavailable.
The Court currently requires a $50 filing fee or a Declaration of Financial Hardship. Follow its instructions on timing and payment after a case number is assigned. Do not postpone the Notice of Appeal while waiting to assemble a full argument or find counsel.
A properly addressed mailing with a legible USPS postmark may qualify for the statutory mailing rule. Other delivery methods generally depend on receipt; special rules also cover institutional confinement. Keep proof and check Rule 4 and the applicable filing rules before relying on a postmark.
What if the Notice of Appeal is late?
Current Rule 4(a)(3) addresses three situations:
- If the Secretary does not move to dismiss for lateness within 45 days after filing the Board decision under Rule 4(c), the appeal is treated as timely.
- If the Secretary timely challenges the filing and the Court received it within 30 days after the ordinary deadline, the appellant must show good cause or excusable neglect.
- For a later filing challenged in time, equitable tolling requires an extraordinary circumstance that prevented timely filing and reasonable diligence in trying to file.
These provisions are not an automatic 30-day extension. Do not plan around the possibility that the Secretary will overlook a late filing. An attorney needs the timeline and supporting documents to assess any argument for timeliness.
Write down what prevented filing, when that obstacle began and ended, and what you did to pursue the appeal. Retain relevant correspondence and records. A difficult circumstance alone does not establish that it caused the delay or that the legal standard is satisfied.
Can Board reconsideration or vacatur change the deadline?
A qualifying motion for Board reconsideration filed within the judicial appeal period can interrupt the finality of the decision. Under Rosler v. Derwinski, 1 Vet. App. 241 (1991), a new 120-day period follows notice denying that timely motion. Browne v. Principi, 16 Vet. App. 278 (2002), applies the principle to a qualifying motion to vacate.
Not every letter to VA is such a motion. Its substance, recipient, timing, and the Board’s response matter. Filing after the ordinary appeal period does not automatically revive an expired deadline. Filing a Court appeal while a Board motion is pending also raises procedural questions that counsel should review.
A supplemental claim, request for a new examination, or submission of medical evidence is not a substitute for a Court appeal. Different VA review options carry different requirements and potential effective-date consequences. Do not assume that one route protects the deadline for another.
What happens after the appeal is filed?
The Court reviews the Board’s decision and the record under the applicable legal standards. It generally does not gather new medical evidence or retry the claim. Counsel examines the record, identifies errors, and presents arguments through the Court’s process. Read about working with a CAVC attorney.
An appeal may lead to a decision or an agreed request for remand. A joint motion for remand can return issues to VA for correction, but it is not itself an award of disability benefits.
Common deadline questions
Do I need an attorney to file?
No. You may represent yourself. Counsel can help identify the appealable issues and filing requirements. Do not let the search for an attorney consume the filing period.
Does requesting a free case review stop the clock?
No. Contacting Ricks Law does not file an appeal, extend a deadline, or establish representation. Representation begins only when the firm agrees to it in writing.
Should I give up if more than 120 days have passed?
No assumption is safe. Seek prompt review of the dates, notice, Board motions, and any reason for delay. Whether a late appeal can proceed depends on the facts and governing law.
Request a free Board decision review
Ricks Law represents veterans nationwide at the CAVC. Mo Ricks previously served as an attorney at the Board and VA’s Office of General Counsel and has handled more than 300 CAVC appeals, including government work.
Request a free Board decision review or call 1-888-677-7755. Start with a brief, nonconfidential inquiry and mention any approaching deadline. Arrange a secure way to provide the decision.
Plan the next step in your Board appeal
Explore CAVC representation, explore CAVC case studies and read answers about fees, evidence and remands. Contacting a law firm does not extend a deadline.
