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
The CAVC deadline is 120 days, and it is not flexible. 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.
Read that carefully. The clock starts on the date the Board mailed its decision, not the date you opened the envelope, not the date you understood it, and not the date you decided to act. 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
Because the 120 days run from the mailing date, the single most useful thing to find on a Board decision is the date the Board mailed it. 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." Locate that date, then count forward from it, and you know exactly how much time is left. 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 court, not another VA office. 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
The CAVC does not review just any VA letter. In the court's words, "An Appellant must have a final decision from the Board of Veterans' Appeals (Board) before appealing to this Court." If your case has not reached the Board yet, the decision-review lanes inside the VA come first. 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
There is a fee, with a built-in relief valve. 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: a hardship declaration is an alternative to the $50.
Free representation, named by the court
You do not have to hire a lawyer, and you do not have to go it alone. 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 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 VA ratings 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.