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Regulation · 38 CFR § 3.110

38 CFR 3.110: How VA calculates response deadlines

§ 3.110 Computation of time limit.

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Claim Raven explanation

What this means

This rule explains how to count specified time limits, including treatment of the first and last day and a deadline that falls on a weekend or holiday. It also identifies the notice date used in the calculation.

Appeal deadlines have related provisions of their own, referenced in the section. A date calculation should therefore start with the correct rule and actual notice rather than a generic online estimate.

How this helps your claim

This helps you verify the dates in a VA request or decision. Keep the letter and submission receipt together so the calculation can be checked against the right starting point.

What to check in your records

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

  • Find the dated notice and the action it requires.
  • Confirm the applicable time period and any weekend or holiday issue.
  • Keep proof of when and how the response was submitted.

Count from the notice the rule identifies

A letter's date, the day you opened it and the day you submitted a response are separate facts. This section explains how specified periods are computed. Use the notice and the applicable procedure to identify which date begins the calculation.

Write down the starting event, the length of the period and the proposed final day. Then check the treatment of weekends and holidays. Keeping that short calculation with the submission receipt makes it easier to spot a counting error or explain why a particular filing date matters.

Is the mailing date always the filing date?

The answer depends on the rule governing the filing. This section should be read with the specific claim or appeal provisions, including any applicable postmark rule. Preserve both mailing and receipt evidence rather than assuming that one date controls every kind of VA submission.

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Official regulatory text

38 CFR § 3.110

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

§ 3.110 Computation of time limit.

(a) In computing the time limit for any action required of a claimant or beneficiary, including the filing of claims or evidence requested by VA, the first day of the specified period will be excluded and the last day included. This rule is applicable in cases in which the time limit expires on a workday. Where the time limit would expire on a Saturday, Sunday, or holiday, the next succeeding workday will be included in the computation.

(b) The first day of the specified period referred to in paragraph (a) of this section shall be the date of mailing of notification to the claimant or beneficiary of the action required and the time limit therefor. The date of the letter of notification shall be considered the date of mailing for purposes of computing time limits. As to appeals, see §§ 19.52, 20.203, and 20.110 of this chapter.

(Authority: 38 U.S.C. 501)

[55 FR 13529, Apr. 11, 1990, as amended at 58 FR 32443, June 10, 1993; 84 FR 168, Jan. 18, 2019]

Related references

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