If the Board of Veterans' Appeals has denied your case, there is one more step outside the VA: the United States Court of Appeals for Veterans Claims, usually shortened to the CAVC. This guide explains what the court is and, most important, the deadline that ends more appeals than any other. It gives you facts, not tactics. Whether to appeal, and how to argue a case, are decisions for you and a qualified representative, not for a guide.
The one number that matters most#
You have 120 days to file a Notice of Appeal with the CAVC, and the count starts on the date the Board mailed its decision, not the date you opened the envelope. Treat that mailing date as the one that matters, because only a few narrow things can stop the clock once it runs.
Asking the Board to reconsider is the one most veterans meet, and the timing is the whole of it. VA Form 0220, the Notice of Appeal form itself, explains that a motion for reconsideration filed with the Board within the 120 days stops that period, and that a new 120-day period then runs from the date the Board mailed the notice denying the motion. That is the same rule as the first window: the mailing date is what counts, not the date written on the decision and not the date you read it. The stopping also depends on filing inside the window, because a motion sent after the 120 days have already run does not hand you a fresh one. Separately, the deadline can sometimes be extended by what the court and its rules call equitable tolling, which is decided case by case on the facts of one appeal. It is a question for a qualified representative and never something to plan around.
In the court's exact words: "The NOA must be received by the Court not later than 120 days after the date on which the Board mailed the notice of the decision to the last known address of the appellant." NOA means Notice of Appeal.
This is why the very first thing to check on a Board denial is the mailing date, and the very first thing to protect is the 120-day window from that date.
The first thing to check on a Board denial#
Find the date the Board mailed its decision. Everything else on this denial can wait, because the 120-day window to appeal to this court is counted from that mailing date, so once you have that one date in hand you can count forward and see how much time you have left to act.
Counting forward is the point, and one step can restart the count. VA Form 0220 explains that a motion for reconsideration filed with the Board within the 120 days stops that period, and that a new 120-day period runs from the date the Board mailed the notice denying the motion. If you file one, watch for that second envelope and write down its mailing date, because that mailing date is what your new window is counted from.
Reading the letter closely is worth the few minutes it takes. The court ties the entire window to that date: the Notice of Appeal must be "received by the Court not later than 120 days after the date on which the Board mailed the notice of the decision to the last known address of the appellant." Our guide to reading a rating decision can help you find the dates on VA paperwork. This is about protecting the deadline, not about deciding whether to file.
What the CAVC is#
The CAVC is a federal court, not another VA office and not another level of VA review. It holds exclusive jurisdiction over the decisions of the Board of Veterans' Appeals, and it is a part of the United States judiciary rather than part of the Department of Veterans Affairs.
In the court's words, "The Court has exclusive jurisdiction over decisions of the Board of Veterans' Appeals (Board or BVA)," and "the court is part of the United States judiciary and not part of the Department of Veterans Affairs." It was created by the Veterans' Judicial Review Act, Pub. L. No. 100-687. The court states it "is authorized seven permanent, active Judges, and three additional Judges as part of temporary expansion provisions," with its principal office in Washington, D.C., though it "is authorized to sit anywhere in the United States."
Here are the court's own facts at a glance:
| Item | What the court states |
|---|---|
| Deadline to file the NOA | Not later than 120 days after the date the Board mailed the decision |
| Prerequisite | A final decision from the Board of Veterans' Appeals |
| Filing fee | $50 nonrefundable, or a Declaration of Financial Hardship, within 14 days after you send the NOA |
| A representative | Not mandatory; the court will not appoint one; free pro bono representation exists |
| Who the court is | Part of the U.S. judiciary, not part of the VA |
You need a final Board decision first#
You cannot bring a case to the CAVC until the Board of Veterans' Appeals has issued a final decision on it. The court reviews Board decisions and not ordinary VA letters, so a claim that has not yet reached the Board still has some earlier steps to finish inside the VA first.
Reaching the Board is what the court requires. In its words, "An Appellant must have a final decision from the Board of Veterans' Appeals (Board) before appealing to this Court." Our guide to Higher-Level Review, Supplemental Claims, and Board appeals explains those earlier steps, and our guide to reading a VA rating decision helps you find the dates and findings that matter.
The filing fee, and the hardship option#
The filing fee is $50 and it is nonrefundable, and a Declaration of Financial Hardship is the court's own alternative to paying it. Whichever one of them you send has to reach the court no later than 14 days after you send your Notice of Appeal, so cost alone closes no door.
Precisely, the court states that "A Declaration of Financial Hardship or a $50 nonrefundable filing fee must be received by the Court after an appellant is assigned a case number and no later than 14 days after you send the NOA." So cost alone does not close the door.
Free representation, named by the court#
You do not need a lawyer at the CAVC, and the court will not appoint one for you either. Free representation exists and the court itself names it: the Veterans Consortium Pro Bono Program locates and trains lawyers who represent some appellants before the court free of charge.
The court is explicit on both points. On the one hand, "It is not mandatory to have an attorney or other representative before the Court," and "The Court will not appoint an attorney or other representative to represent you." On the other hand, free help exists: "The Veterans Consortium Pro Bono Program is a private nonprofit organization that locates and trains lawyers who will represent some appellants before the Court free of charge."
If you proceed without a representative, the court has a name for that. In its words, "Appellants who choose to proceed without a representative are referred to as 'self-represented' or 'pro se,' a Latin term meaning, 'for yourself.'" For self-represented appellants, the court lists the "Veterans Consortium Pro Bono Helpline: Toll-Free 855-446-9678 or Email helpline@vetsprobono.org."
What this does not mean
The 120-day deadline is not a suggestion, and it is not measured from when you read the decision. In the court's words, the Notice of Appeal must be received not later than 120 days after the date the Board mailed the decision. It also does not mean the CAVC is another VA review lane: the court states it is part of the U.S. judiciary and not part of the VA, and it will not appoint a lawyer for you. And this guide is not legal advice. It reports what the court publishes so you can act in time and connect with a representative. It does not tell you whether or how to appeal.
Hypothetical example. A veteran we will call Alan receives a Board denial that the Board mailed on a Monday. His 120-day window to file a Notice of Appeal with the CAVC begins that Monday, the mailing date, even though the letter reached him days later. Because the deadline is firm, he does not wait. He notes the mailing date and contacts the Veterans Consortium Pro Bono Helpline at 855-446-9678 to ask about representation for a self-represented appeal. This is an illustration of how the deadline is counted, not advice about whether Alan, or you, should appeal, which is a decision for you and a qualified representative.
Where to go next#
If your case has not reached the Board yet, start with the three decision-review lanes inside the VA. If it has, find the mailing date on your Board decision, count your 120 days from it, and call the Veterans Consortium Pro Bono Helpline at 855-446-9678 about representation.
Everything below is a starting point rather than a step you owe anyone. If you are still inside the VA's own review process, start with our guide to the three decision-review lanes, and use our guide to reading a rating decision to find your decision dates. Look up any legal term in the glossary, and see how diagnostic codes and percentages work on the conditions library page. VeteranHQ explains the process and helps you organize your records. We do not give legal advice, and we do not prepare or file your appeal.