Act Now If Your BVA Decision Was Mailed Within the Last 120 Days
If your VA claim was denied by the Board of Veterans’ Appeals, the 120-day deadline to appeal to the U.S. Court of Appeals for Veterans Claims may be the most important date in your case. Missing that deadline can end your right to Court review. If your Board decision was mailed within the last 120 days, do not wait. Contact our office or upload your decision for a prompt CAVC case review.
Free CAVC Case Review
If your Board decision was mailed within the last 120 days, our office can review the decision remotely and communicate with you by phone, email, and text to help you decide whether a CAVC appeal is warranted. Upload your BVA decision and record for a free CAVC case review.
Why the 120-Day Deadline Matters
Federal law generally requires a Notice of Appeal to be filed within 120 days after the Board decision notice. In many cases, a late filing can prevent the Court from reviewing the Board’s decision. That is why the first question after a Board denial is often not whether the Board was right or wrong, but whether there is still time to appeal.
What to Do Right Now
Start with three steps: confirm the date of the Board decision notice, calculate the 120-day deadline, and decide quickly whether you want Court review. If your deadline is approaching, act now. Waiting until the last week creates unnecessary risk.
When the Clock Starts
The 120-day period generally runs from the date VA mailed notice of the Board’s decision under 38 U.S.C. § 7266(a). If you want to read the statute, see 38 U.S.C. § 7266(a): Read It Here
Limited Exceptions
In limited circumstances, the Court may accept a late filing, but relying on an exception is risky. The deadline is strict, and equitable tolling applies only in narrow, fact specific situations.
For a broader overview of the process, see our CAVC Appeals Guide.