Claim Raven explanation
What this means
This statute governs initiating a Board appeal with the prescribed Notice of Disagreement. It identifies key filing and content requirements, including a general one-year period after the agency decision notice for noncontested claims.
A Board appeal differs from a Supplemental Claim or Higher-Level Review request. Contested claims have separate rules, and the modernized and legacy systems must not be mixed when selecting a form or deadline.
How this helps your claim
Use the decision's review instructions and identify every determination you intend to appeal. Keep proof of filing so any later question about timeliness or appeal scope can be checked.
What to check in your records
Use your decision, examination reports, and relevant records to check the following points.
- Identify the agency decision and specific issues being appealed.
- Confirm the applicable appeal system, form, and filing location.
- Keep the submission receipt and check the deadline that applies to the claim type.
Identify the appealed decision and issues precisely
A Notice of Disagreement begins Board review under the applicable framework. Keep the decision date and issue descriptions consistent with the notice being challenged. A general expression of dissatisfaction may not supply the content required by the prescribed filing.
Preserve the completed form and receipt, along with any clarification correspondence. The modernized procedure differs from the legacy sequence, and contested claims have separate provisions. Confirm the system and matter type before using a general deadline or form description.
Does filing a Supplemental Claim also file a Board appeal?
No. They are different review options with different forms, decision-makers and evidence rules. A filing should be understood by the procedure it actually invokes. Do not assume that submitting material somewhere within VA automatically initiates every available kind of review for the same issue.
Official statutory text
38 USC § 7105
OLRC release through Public Law 119-102 (July 12, 2026). Layout and spacing are adapted for reading. The statutory text is shown here; publisher source credits and editorial notes remain in the linked official release.
§ 7105. Filing of appeal
(a) Appellate review shall be initiated by the filing of a notice of disagreement in the form prescribed by the Secretary. Each appellant will be accorded hearing and representation rights pursuant to the provisions of this chapter and regulations of the Secretary.
(b)(1)(A) Except in the case of simultaneously contested claims, a notice of disagreement shall be filed within one year from the date of the issuance of notice of the decision of the agency of original jurisdiction pursuant to section 5104, 5104B, or 5108 of this title.
(B) A notice of disagreement postmarked before the expiration of the one-year period shall be accepted as timely filed.
(C) A question as to timeliness or adequacy of the notice of disagreement shall be decided by the Board.
(2)(A) Notices of disagreement shall be in writing, shall identify the specific determination with which the claimant disagrees, and may be filed by the claimant, the claimant’s legal guardian, or such accredited representative, attorney, or authorized agent as may be selected by the claimant or legal guardian.
(B) Not more than one recognized organization, attorney, or agent may be recognized at any one time in the prosecution of a claim.
(C) Notices of disagreement shall be filed with the Board.
(3) The notice of disagreement shall indicate whether the claimant requests—
(A) a hearing before the Board, which shall include an opportunity to submit evidence in accordance with section 7113(b) of this title;
(B) an opportunity to submit additional evidence without a hearing before the Board, which shall include an opportunity to submit evidence in accordance with section 7113(c) of this title; or
(C) a review by the Board without a hearing or the submittal of additional evidence.
(4) The Secretary shall develop a policy to permit a claimant to modify the information identified in the notice of disagreement after the notice of disagreement has been filed under this section pursuant to such requirements as the Secretary may prescribe.
(c) If no notice of disagreement is filed in accordance with this chapter within the prescribed period, the action or decision of the agency of original jurisdiction shall become final and the claim shall not thereafter be readjudicated or allowed, except—
(1) in the case of a readjudication or allowance pursuant to a higher-level review that was requested in accordance with section 5104B of this title;
(2) as may otherwise be provided by section 5108 of this title; or
(3) as may otherwise be provided in such regulations as are consistent with this title.
(d) The Board may dismiss any appeal which fails to identify the specific determination with which the claimant disagrees.
Related references
- 38 USC § 5104: What a VA Decision Letter Must Explain
- 38 USC § 7113: What Evidence the Board Can Consider
- 38 USC § 5104B: The Law Behind Higher-Level Review
- 38 USC § 5108: New and relevant evidence for supplemental claims
- 38 USC § 5107: Benefit of the doubt in VA claims
- 38 CFR § 3.159: VA duty to assist: records and examinations
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