What to expect after a Notice of Appeal is filed
Veterans who appeal a Board of Veterans’ Appeals (BVA) denial to the U.S. Court of Appeals for Veterans Claims (CAVC) often ask one practical question: What is the CAVC timeline, what happens next, and in what order?
This page outlines a typical CAVC timeline from start to finish. For a deeper overview, see our CAVC Appeals Guide.
For official Court information, visit the U.S. Court of Appeals for Veterans Claims.
Step-by-step CAVC appeal timeline
1) Notice of Appeal (NOA)
The case starts when a Notice of Appeal is filed with the Court. This preserves your right to Court review and begins the formal CAVC process.
2) Record Before the Agency (RBA)
The VA compiles the Record Before the Agency (RBA)—the evidence the Board had when it decided your case. The Court generally reviews legal error based on this closed record.
3) RBA review and any dispute
The RBA is reviewed to confirm completeness and to identify issues to raise. If something important is missing, an RBA dispute process may be used to address it.
4) Rule 33 (conference and issue narrowing)
Many cases proceed to a Rule 33 phase where issues are clarified and the parties explore resolution. This is often where clear legal errors are identified and discussed.
5) Briefing
If the case does not resolve early, briefing follows. A common focus is Board legal error—such as inadequate reasons or bases, duty-to-assist problems, or misapplied law.
6) Resolution (often a JMR) or decision
Many matters resolve through a Joint Motion for Remand (JMR), sending the case back to the Board to correct errors. If not, the Court issues a decision.
The most important deadline: 120 days
The biggest risk point is the start: the deadline to appeal a Board decision to the CAVC.
See our 120-day deadline page for a simple explanation and next steps.
Documents to gather
- Your BVA decision (PDF)
- Your RBA (if you already have it)
- Any key medical records or lay statements you want us to identify within the record
Free CAVC case review
If your Board decision is recent, a prompt review can preserve options at the Court.
Upload your RBA and BVA decision for a free case evaluation.