Claim Raven explanation
What this means
This rule sets filing periods for legacy Notices of Disagreement, Substantive Appeals, and certain responses. The general Substantive Appeal period is the later of 60 days from the Statement of the Case or the remainder of the original one-year period.
The rule includes additional provisions, and simultaneously contested claims have separate requirements. These deadlines should not be substituted for the modernized Board appeal rules.
How this helps your claim
Build a dated sequence of the decision notice, Statement of the Case, and filings. Keep envelopes and electronic receipts where relevant, and check whether a specific exception or extension provision applies.
What to check in your records
Use your decision, examination reports, and relevant records to check the following points.
- Verify the notice dates used to calculate each legacy filing period.
- Compare the Substantive Appeal date with both potentially applicable periods.
- Check whether contested-claim rules, additional-evidence provisions, or an extension affect the calculation.
Calculate the deadline for the particular legacy step
A Notice of Disagreement and a Substantive Appeal do not use identical triggers. For the general Substantive Appeal calculation, both the Statement-of-the-Case period and the remaining original period may need comparison. Keep the underlying notices rather than relying on a remembered date.
Write out each candidate endpoint and check the applicable computation and exception rules. Contested claims have separate provisions, and modernized appeals follow another framework. A generic deadline calculator cannot establish the correct result unless the type of filing and triggering event are entered accurately.
Can I use this deadline for a modern Board appeal?
No. This section addresses the legacy procedures described in it. Modernized Board filing has its own rule. Identify the system and step first, then apply the relevant period and any specific exception. Similar terminology does not mean the deadlines can be exchanged.
Official regulatory text
38 CFR § 19.52
eCFR snapshot: September 3, 2026. Layout and spacing are adapted for reading. The full section and its tables are included below.
§ 19.52 Time limit for filing Notice of Disagreement, Substantive Appeal, and response to Supplemental Statement of the Case.
(a) Notice of Disagreement. Except in the case of simultaneously contested claims, a claimant, or his or her representative, must file a Notice of Disagreement with a determination by the agency of original jurisdiction within one year from the date that that agency mails notice of the determination to him or her. Otherwise, that determination will become final. The date of mailing the letter of notification of the determination will be presumed to be the same as the date of that letter for purposes of determining whether an appeal has been timely filed.
(Authority: 38 U.S.C. 7105(b)(1) (2016))
(b) Substantive Appeal —
(1) General. Except in the case of simultaneously contested claims, a Substantive Appeal must be filed within 60 days from the date that the agency of original jurisdiction mails the Statement of the Case to the appellant, or within the remainder of the 1-year period from the date of mailing of the notification of the determination being appealed, whichever period ends later. The date of mailing of the Statement of the Case will be presumed to be the same as the date of the Statement of the Case and the date of mailing the letter of notification of the determination will be presumed to be the same as the date of that letter for purposes of determining whether an appeal has been timely filed.
(2) Special rule in certain cases where additional evidence is submitted. Except in the case of simultaneously contested claims, if
(i) a claimant submits additional evidence within 1 year of the date of mailing of the notification of the determination being appealed, and
(ii) that evidence requires, in accordance with § 19.31 of this title, that the claimant be furnished a Supplemental Statement of the Case, then the time to submit a Substantive Appeal shall end not sooner than 60 days after such Supplemental Statement of the Case is mailed to the appellant, even if the 60-day period extends beyond the expiration of the 1-year appeal period.
(Authority: 38 U.S.C. 7105(b)(1), (d)(3) (2016))
(c) Response to Supplemental Statement of the Case. Where a Supplemental Statement of the Case is furnished, a period of 30 days from the date of mailing of the Supplemental Statement of the Case will be allowed for response. The date of mailing of the Supplemental Statement of the Case will be presumed to be the same as the date of the Supplemental Statement of the Case for purposes of determining whether a response has been timely filed. Provided a Substantive Appeal has been timely filed in accordance with paragraph (b) of this section, the response to a Supplemental Statement of the Case is optional and is not required for the perfection of an appeal.
(Authority: 38 U.S.C. 7105(d)(3) (2016))
[57 FR 4109, Feb. 3, 1992, as amended at 66 FR 50318, Oct. 3, 2001; 68 FR 64806, Nov. 17, 2003; 73 FR 40748, July 16, 2008. Redesignated and amended at 84 FR 177, 179, Jan. 18, 2019]
Related references
- 38 CFR § 19.31: Supplemental Statements of the Case in Legacy Appeals
- 38 USC § 7105: Filing a Board Appeal
- 38 CFR § 3.2400: Modernized and Legacy VA Appeals Explained
- 38 CFR § 3.159: VA duty to assist: records and examinations
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