Claim Raven explanation
What this means
When the Board’s rules require a written filing within a set period, a timely postmark can establish filing, and weekends and legal holidays affect the calculation.
This section explains how to count an existing filing period. It does not create the deadline or identify which document is required; those come from the rule governing the filing.
How this helps your claim
The first day of the period is excluded and the last day is included. If the last day falls on a Saturday, Sunday, or legal holiday, the period runs through the next workday. When the actual postmark is missing, VA presumes a postmark five days before receipt, excluding weekends and legal holidays from that five-day count.
What to check in your records
Calculate from the event identified by the governing filing rule and preserve the actual postmark or electronic receipt whenever possible.
- Keep the notice or decision that started the filing period.
- Save the filed document, envelope, postmark, tracking, fax, or electronic confirmation.
- Write out the calculation, identifying excluded first day, weekend or holiday extension, and any presumed-postmark days.
Use the actual postmark when available
The five-day presumption applies only when the postmark is not of record. A retained envelope or mailing receipt can replace uncertainty with the actual date.
For electronic filings, keep the submission confirmation and timestamp. Do not assume the postal presumption governs a different filing method.
If a deadline falls on Sunday, is a Monday filing timely?
Under this computation rule, the next succeeding workday is included when the last day falls on a Saturday, Sunday, or legal holiday. Confirm that this rule governs the particular filing.
Official regulatory text
38 CFR § 20.110
eCFR snapshot: 2026-09-17. Layout and spacing are adapted for reading. The full section and its tables are included below.
§ 20.110 Rule 110. Computation of time limit for filing.
(a) Acceptance of postmark date. When these Rules require that any written document be filed within a specified period of time, a response postmarked prior to expiration of the applicable time limit will be accepted as having been timely filed. In the event that the postmark is not of record, the postmark date will be presumed to be five days prior to the date of receipt of the document by the Department of Veterans Affairs. In calculating this 5-day period, Saturdays, Sundays and legal holidays will be excluded.
(b) Computation of time limit. In computing the time limit for filing a written document, the first day of the specified period will be excluded and the last day included. Where the time limit would expire on a Saturday, Sunday, or legal holiday, the next succeeding workday will be included in the computation.
(Authority: 38 U.S.C. 7105)
[57 FR 4109, Feb. 3, 1992. Redesignated and amended at 84 FR 182, Jan. 18, 2019]
Related references
- 38 CFR § 19.34: Appealing a finding that a legacy appeal was late
- 38 CFR § 20.201: What creates a modernized Board appeal
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