The 120-Day Deadline to Appeal a Board Decision to the CAVC
A Board of Veterans’ Appeals (BVA) denial does not end the road. A veteran or eligible survivor may appeal to the U.S. Court of Appeals for Veterans Claims (CAVC), but timing matters. Federal law requires a Notice of Appeal filed within 120 days of the Board decision notice. The statute is 38 U.S.C. § 7266(a): Read It Here
Why the 120-Day Deadline Matters
Missing the deadline can end the right to Court review. The Court generally cannot reach the merits of an appeal if the Notice of Appeal is filed late, so deadline discipline is often the most important first step in a CAVC appeal.
When the Clock Starts
The 120-day period generally runs from the date VA mails notice of the Board’s decision under 38 U.S.C. § 7266(a). If you are close to the deadline, act early. Waiting until the last week invites avoidable risk.
What to Do Now
A simple approach is: (1) confirm the Board decision date, (2) calendar the 120-day deadline, and (3) decide quickly whether you want Court review. If you want a plain-English overview of the process, see our CAVC Appeals Guide.
Limited Exceptions
In limited circumstances, the Court may accept a late filing, but relying on exceptions is risky. The deadline is strict, and equitable tolling applies only in narrow, fact-specific situations.
Free CAVC Case Review
If your Board decision was mailed within the last 120 days, a prompt review can preserve options at the Court. Upload your BVA decision and record for a free CAVC case review.