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Regulation · 38 CFR § 19.53

38 CFR 19.53: Requesting More Time in a Legacy Appeal

§ 19.53 Extension of time for filing Substantive Appeal and response to Supplemental Statement of the Case.

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Claim Raven explanation

What this means

This rule allows an extension for good cause of specified legacy Substantive Appeal and SSOC-response periods. The request must be written and made before the relevant filing period expires.

An extension is not automatic because you are gathering evidence. The request must follow the filing-location requirements and explain why additional time is needed. A denied extension request can be appealed to the Board.

How this helps your claim

If you need more time, make a specific written request before the existing deadline and keep proof of receipt. Do not treat the request itself as confirmation that an extension was granted.

What to check in your records

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

  • Identify the exact legacy filing period you need extended.
  • Keep the written request, reasons, and timely receipt evidence.
  • Locate VA's response and any revised deadline or appeal instructions.

Make the extension request identifiable

An extension request should state which filing period it concerns and explain the good-cause circumstances. Keep the written request, proof of submission and response with the underlying notice. Merely gathering evidence or discussing an extension does not show that a request was made.

This provision requires the request before expiration of the relevant period and identifies where it must be filed. Check those requirements against the actual timeline. A request directed to the wrong place should not be assumed to preserve the filing period automatically.

Does requesting an extension mean it has been granted?

No. A request and an approval are different events. The regulation provides a process for considering good cause and addresses review of a denial. Do not treat silence or an unfinished evidence search as confirmation that the original time limit has changed.

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Official regulatory text

38 CFR § 19.53

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

§ 19.53 Extension of time for filing Substantive Appeal and response to Supplemental Statement of the Case.

An extension of the 60-day period for filing a Substantive Appeal, or the 30-day period for responding to a Supplemental Statement of the Case, may be granted for good cause. A request for such an extension must be in writing and must be made prior to expiration of the time limit for filing the Substantive Appeal or the response to the Supplemental Statement of the Case. The request for extension must be filed with the Department of Veterans Affairs office from which the claimant received notice of the determination being appealed, unless notice has been received that the applicable records have been transferred to another Department of Veterans Affairs office. A denial of a request for extension may be appealed to the Board.

(Authority: 38 U.S.C. 7105(d)(3) (2016))

[57 FR 4109, Feb. 3, 1992, as amended at 73 FR 40748, July 16, 2008. Redesignated and amended at 84 FR 177, 179, Jan. 18, 2019]

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