Claim Raven explanation
What this means
This statute generally requires a Notice of Appeal to the Court of Appeals for Veterans Claims within 120 days after notice of a final adverse Board decision. The filing goes to the Court.
A court appeal is different from filing another VA review form. Motions involving the Board and particular procedural circumstances can affect deadline analysis, so the decision's appeal notice and current Court rules matter.
How this helps your claim
Keep the full Board decision and appeal-rights notice, and confirm the correct Court filing process promptly. Do not assume that sending a letter to VA starts a Court appeal.
What to check in your records
Use your decision, examination reports, and relevant records to check the following points.
- Verify the date notice of the final Board decision was issued.
- Locate the Court appeal instructions and calculate the applicable deadline carefully.
- Keep proof of Court filing and records of any Board motion that may affect the timing.
Separate Court filing from a VA review request
An appeal to the Court of Appeals for Veterans Claims is filed with the Court after a qualifying final adverse Board decision. Sending a VA review form is not the same action. Keep the Board notice and Court filing instructions together.
The general statutory period is 120 days, but particular motions and procedural circumstances can affect the timing analysis. Do not calculate from a remembered decision date or assume another pending VA matter pauses the period. The actual notice and current Court rules need to be checked.
Does a Board remand start the same Court appeal process as a final denial?
A remand and a final adverse determination are different dispositions. A single Board document can contain both for different issues. Read the order issue by issue and the applicable review rules rather than treating the document's overall label as establishing Court appeal rights for every matter.
Official statutory text
38 USC § 7266
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.
§ 7266. Notice of appeal
(a) In order to obtain review by the Court of Appeals for Veterans Claims of a final decision of the Board of Veterans’ Appeals, a person adversely affected by such decision shall file a notice of appeal with the Court within 120 days after the date on which notice of the decision is issued pursuant to section 7104(e) of this title.
(b) An appellant shall file a notice of appeal under this section by delivering or mailing the notice to the Court.
(c) A notice of appeal shall be deemed to be received by the Court as follows:
(1) On the date of receipt by the Court, if the notice is delivered.
(2) On the date of the United States Postal Service postmark stamped on the cover in which the notice is posted, if the notice is properly addressed to the Court and is mailed.
(d) For a notice of appeal mailed to the Court to be deemed to be received under subsection (c)(2) on a particular date, the United States Postal Service postmark on the cover in which the notice is posted must be legible. The Court shall determine the legibility of any such postmark and the Court’s determination as to legibility shall be final and not subject to review by any other Court.
Related references
- 38 USC § 7104: What a Board Decision Must Address
- 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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