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Regulation · 38 CFR § 19.20

38 CFR 19.20: The Two Main Steps in a Legacy VA Appeal

§ 19.20 What constitutes an appeal.

Claim Raven explanation

What this means

A legacy appeal generally requires a timely Notice of Disagreement and, after VA issues a Statement of the Case, a timely Substantive Appeal. This rule describes those components.

The modernized Board appeal process is different and does not use this same sequence. Even within legacy appeals, contested claims can have different timing provisions.

How this helps your claim

If a legacy appeal appears closed or incomplete, check both filing stages and the notices between them. A Notice of Disagreement alone may not establish that every later procedural step was completed.

What to check in your records

Use your decision, examination reports, and relevant records to check the following points.

  • Confirm that the case remains in the legacy system.
  • Locate the Notice of Disagreement and its receipt date.
  • Find the Statement of the Case and the subsequent Substantive Appeal receipt.

Keep the two legacy appeal steps distinct

A legacy Notice of Disagreement begins a sequence that ordinarily includes a Statement of the Case and a later Substantive Appeal. Completing the first filing is not necessarily completion of the entire appeal process. Each step has its own role and timing.

Keep copies and receipts for both filings with the notices that triggered them. Identify which issues each document covers. This helps distinguish an issue carried through the legacy sequence from another issue that was never included or later moved to a different review process.

Is a modern Board appeal filed through this same sequence?

No. Modernized Board appeals use different provisions and do not follow the same Statement-of-the-Case and Substantive-Appeal sequence. Confirm the review system before relying on a form name or deadline. Similar references to an appeal do not make the two procedures interchangeable.

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Official regulatory text

38 CFR § 19.20

eCFR snapshot: September 3, 2026. Layout and spacing are adapted for reading. The full section and its tables are included below.

§ 19.20 What constitutes an appeal.

An appeal consists of a timely filed Notice of Disagreement submitted in accordance with the provisions of § 19.21, and either § 19.52(a) or § 20.501(a) of this chapter, as applicable and, after a Statement of the Case has been furnished, a timely filed Substantive Appeal.

(Authority: 38 U.S.C. 7105 (2016))

[79 FR 57698, Sept. 25, 2014. Redesignated and amended at 84 FR 177, 178, Jan. 18, 2019]

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