The 120-Day Deadline to Appeal a Board Decision

When the clock starts

The 120 days comes from federal law (38 U.S.C. § 7266(a)). It runs from the date the Board mailed the decision, not the date you received it. If the decision sat in your mailbox for two weeks, those two weeks still count.

The days are calendar days, weekends and holidays included. If the 120th day lands on a weekend or federal holiday, the deadline generally moves to the next business day.

How an appeal is filed

An appeal starts with a short Notice of Appeal filed with the Court, not with VA. Sending it to VA or the Board by mistake does not file your appeal.

The Notice of Appeal can be filed electronically or by mail. If it’s mailed through the U.S. Postal Service, the postmark date generally counts as the filing date. Electronic filing removes the guesswork.

You don’t need your evidence or arguments at this stage. Those come later, after VA prepares the record.

Asking the Board to reconsider

If you file a motion asking the Board to reconsider its decision within the 120 days, the appeal deadline generally pauses. If the Board denies reconsideration, a new 120-day period starts from the date that denial is mailed.

Reconsideration is rarely granted, so weigh it carefully before relying on it.

If you missed the deadline

The deadline is strict, but it isn’t always the end. The U.S. Supreme Court has held that it can be extended in rare cases (Henderson v. Shinseki, 562 U.S. 428 (2011)), for example when a serious illness kept a veteran from filing. Those cases depend heavily on the facts and are hard to win.

Other options may still be open. A supplemental claim with new and relevant evidence, filed within one year of the Board decision, can generally protect your original effective date. Your options after a Board denial explains the choices.

What to do now

1. Find the date on the first page of the Board decision.
2. Count 120 days and put it on your calendar.
3. Read the “Order” section near the end to see which issues were denied, remanded, or granted. Denied issues can go to the Court now; remanded issues can’t yet.
4. Talk to someone well before the deadline. There is no attorney fee paid from the veteran for a Court appeal. See how fees work.