What this means
m21-5:7.J.2 explains time limit for making an administrative appeal. In plain terms, the official guidance says VA removed the authority to submit new administrative appeals, effective February 19, 2019, by rescinding 38 CFR 19.50 to 19.53, and 38 CFR 20.400 and 20.401. It also addresses the table below shows the steps to follow when preparing an administrative appeal.
How this may help with a claim
Use m21-5:7.J.2 to audit how VA handled time limit for making an administrative appeal. Start with the decision date, the issue being reviewed, and the evidence VA was allowed to consider, then compare the record with this rule: VA removed the authority to submit new administrative appeals, effective February 19, 2019, by rescinding 38 CFR 19.50 to 19.53, and 38 CFR 20.400 and 20.401. The table below shows the steps to follow when preparing an administrative appeal. Cite the exact document and page when raising a factual or procedural error, and use the review rights in the actual notice for any deadline.
What to review in your file
- Check the file against this official condition: An administrative appeal must be made within
- Confirm that the record or notice addresses this source point: The table below shows the steps to follow when preparing an administrative appeal.
- Document how this stated step or exception applies: Step — Action; 1 — Create a memorandum for the claims folder, entitled “ Administrative Appeal,” setting forth the issues and basis for the appeal.;
Important limits
m21-5:7.J.2 explains VA guidance for time limit for making an administrative appeal; it does not guarantee an award or replace the statutes, regulations, binding decisions, and review instructions that control an individual claim. Conditions and exceptions still matter, including this source point: VA removed the authority to submit new administrative appeals, effective February 19, 2019, by rescinding 38 CFR 19.50 to 19.53, and 38 CFR 20.400 and 20.401. When the Board decides an administrative appeal, the decision does not preclude a veteran or claimant or representative who has not merged the appeal from submitting a notice of disagreement (NOD) and a substantive appeal on the same issue.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Time Limit for Making an Administrative Appeal
- m21-5:7.J.2
- Time Limit Making
- Administrative Appeal
- Administrative Appeals
- time limit making administrative
- preparing administrative appeal
- Board decisions preclude separate
Original VA guidance
The official VA text of this section
2. Administrative Appeals
Introduction
This topic contains information on administrative appeals, including
- time limit for making an administrative appeal
- preparing an administrative appeal
- Board decisions do not preclude separate appeals, and
- time limit for filing a separate appeal.
Change Date
March 17, 2025
7.J.2.a. Time Limit for Making an Administrative Appeal
An administrative appeal must be made within
- 60 days for a manager of the Veterns Service Center, Pension Management Center, DROC, or
- six months for a Director.
References: For more information on
- time limits for making an administrative appeal, see the former 38 CFR 19.51(b), and
- the definition of an administrative appeal, see M21-5, Chapter 7, Section A.1.
Note: VA removed the authority to submit new administrative appeals, effective February 19, 2019, by rescinding 38 CFR 19.50 to 19.53, and 38 CFR 20.400 and 20.401.
7.J.2.b. Preparing an Administrative Appeal
The table below shows the steps to follow when preparing an administrative appeal.
Scroll sideways to see the full table.
| Step | Action |
|---|---|
| 1 | Create a memorandum for the claims folder, entitled “ Administrative Appeal,” setting forth the issues and basis for the appeal. |
| 2 | Notify the claimant and representative of the question at issue the right to join in the administrative appeal, be represented, and appear at a formal hearing, and advise the claimant and representative that the Department of Veterans Affairs (VA) allows 60 days to join the appeal. Reference: For more information on notifying the claimant and representative, see the former 38 CFR 19.52. |
| 3 | Send a copy of the administrative appeal memorandum to the claimant to assist in determining whether or not to join the appeal, and inform the claimant that submission of additional evidence or argument will be considered an election to join the administrative appeal. |
| 4 | Does the claimant wish to join the administrative appeal? If yes, prepare a statement of the case (SOC), and send a copy to the claimant and representative with notice of the time in which a substantive appeal should be perfected. (Note: If the claimant joins the administrative appeal and subsequently requests a formal hearing, the Decision Review Officer (DRO) assumes jurisdiction over the issue.) If no, inform the claimant that no evidence or argument should be submitted until after the administrative appeal is decided, and failure to join the administrative appeal does not adversely affect the right to a separate appeal. Reference: For more information on claimants joining the administrative appeal, see the former 38 CFR 20.400. |
| 5 | If the claimant submits a substantive appeal merge the administrative appeal with the claimant’s appeal handle the case in accordance with procedures governing legacy appeals by claimants and representatives, and establish a Veterans Appeal Control and Locator System (VACOLS) record. separate appeal, explain that any appellate decision made on a separate appeal will be made by members who did not participate in the decision made on the administrative appeal, and the time limit for filing a separate appeal will be extended by the amount of time that passed from the date of notification to the claimant of the administrative appeal to the date of the Board decision. References: For more information on VACOLS, see the VACOLS User Guide, and claimants filing a separate appeal, see the former 38 CFR 20.400, and 38 CFR 20.401. |
7.J.2.c. Board Decisions Do Not Preclude Separate Appeals
When the Board decides an administrative appeal, the decision does not preclude a claimant or representative who has not merged the appeal from submitting a notice of disagreement (NOD) and a substantive appeal on the same issue.
7.J.2.d. Time Limit for Filing a Separate Appeal
To determine the claimant’s time limit for perfecting a separate appeal, use the date the Board decided the administrative appeal, not the date the claimant was notified of the administrative appeal.