Did the Board Deny Your VA Claim?
You have 120 days to appeal to the U.S. Court of Appeals for Veterans Claims, and our work before the Court costs you nothing under EAJA.
Find Your Appeal Deadline
Enter the date on your Board of Veterans' Appeals decision. The calculator counts 120 days and moves the deadline past weekends and federal holidays, following the Court's rules.
Please note: The 120-day deadline is the deadline for a timely appeal. In some situations, exceptions may allow the deadline to be extended or tolled (paused).
This calculator is an estimate for informational purposes only and is not legal advice. The 120 days count from the date the Board issued its decision, which is usually the date on the first page. Your deadline can be different if you asked the Board to reconsider its decision, or if the Court closes unexpectedly. Your Notice of Appeal must reach the Court by the deadline; if you mail it, a U.S. Postal Service postmark dated on or before the deadline counts.
Contact a Court Appeals Attorney
Free consultation. Nationwide representation before the U.S. Court of Appeals for Veterans Claims.
Request a Free ConsultationHave your Board decision handy
When you call, we'll ask for the date on the decision and which issues the Board denied. It helps to have the decision in front of you.
Why Appeal to the Court
No Cost to You
for Court Work
Our work before the Court is paid under the Equal Access to Justice Act (EAJA). If we obtain a favorable outcome, the government pays our attorney fees for that work. If we don't, you owe nothing for it.
No Travel,
No Testimony
The Court decides your appeal on a closed record: it reviews only the evidence the Board had, so there is no new evidence to gather and no hearing where you testify. You don't have to appear before the Court, and we handle the filings for you.
The Board Doesn't Always
Get It Right
In fiscal year 2025, the Court fully affirmed the Board in only about 4% of the appeals it decided.* The vast majority were remanded, in whole or in part, for a new decision. Every case is different, and these numbers can't predict the outcome of yours.
*Source: U.S. Court of Appeals for Veterans Claims, Fiscal Year 2025 Annual Report (PDF).
How a Court Appeal Works
Step 1
We file your Notice of Appeal
We file with the Court before your 120-day deadline and enter our appearance as your attorneys.
Step 2
VA assembles the record
VA files the Board's decision and the evidence the Board had in front of it. We review the record for legal errors.
Step 3
Rule 33 Conference
We present our arguments to see whether VA's attorney will concede that the Board's decision contains error.
After the Rule 33 Conference, one of two things happens:
If VA concedes error
Step 4
Joint Motion for Remand
Both sides ask the Court to send your case back to the Board to correct the errors. Most appeals are resolved this way.
If VA does not concede error
Step 4
Briefing
We file a brief explaining the Board's errors. VA's attorney files a response, and we can file a reply.
Step 5
Judge's decision
A judge reviews the briefs and the record, then decides whether to affirm the Board, reverse it, or send the case back for a new decision.
If your case is sent back
A new Board decision
On remand, the Board must address all errors and decide the appeal again.
In fiscal year 2025, the median appeal took about eight months from filing to the Court's decision.
Other Options After a Board Denial
An appeal to the Court isn't your only option. You can also file a Supplemental Claim with new and relevant evidence, and filing within one year of the Board's decision may protect your effective date.
Our firm serves veterans nationwide, and we are happy to offer free consultations. Click the button below to schedule your consultation today!
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