VA Appeal Deadlines and the One-Year Clock
The deadlines that matter
- One year from the date of the decision notice to file a (), a (), or a to the Board () — 38 CFR § 3.2500.
- For Board decisions, 120 days from the date the Board mails its decision to appeal to the U.S. (38 U.S.C. § 7266).
- 60 days to respond to a proposed rating reduction, and 30 days to request a predetermination hearing (38 CFR § 3.105(e)).
- One year from the date of an to submit the complete application, to preserve the intent-to-file date (38 CFR § 3.155(b)).
What 'continuously pursued' means
The effective-date rules reward continuity. If each successive filing is made within one year of the prior decision, the on an eventual grant generally relates back to the date of the . Break the chain — let more than a year pass — and the effective date generally attaches to the later filing instead.
This is why the calendar matters more than the choice of lane in the first instance. The practical consequence of a missed year is usually measured in retroactive benefits, not in whether the can be pursued at all.
After the year has passed
A with new and relevant evidence may be filed at any time (38 CFR § 3.2501). A finally decided may also be revised on the grounds of under 38 CFR § 3.105(a), which has no time limit but a demanding standard — the error must be undebatable and must have manifestly changed the outcome based on the law and record as they existed at the time.
Deadline mistakes that cost back pay
- ×Counting the year from the date the letter was received rather than the date on the notice.
- ×Waiting for new medical evidence to arrive while the one-year window closes, when a filing could have been made to hold the date.
- ×Assuming a CUE claim can recover what a missed deadline lost — the CUE standard is far narrower than ordinary review.
Frequently Asked Questions
References & sources
- 38 CFR § 3.2500 — Review of decisions — eCFR
- 38 U.S.C. § 7266 — Notice of appeal to the Court — U.S. Code
Useful Tools & Topics
Have questions about your specific case?
Every veteran's facts are different. A free initial consultation with a VA-Accredited Claims Agent can tell you whether your matter is a fit for representation — and what the right next step looks like either way.
Disclaimer: This page is for educational purposes only and does not constitute legal advice. Oakridge Claims is a private business and is not affiliated with, endorsed by, or operated by the U.S. Department of Veterans Affairs. No guarantees of outcomes are made. Each claim is decided on its individual facts.
Related guides
Supplemental Claim vs. HLR vs. Board Appeal
Decision-review lane comparison under the Appeals Modernization Act — when each lane fits, evidence rules, timelines, and how to keep your effective date.
If Your BDD Claim Is Denied or Underrated
AMA review options after a BDD rating decision — Higher-Level Review, Supplemental Claim, and Board appeal — with the deadlines and effective-date rules that apply.
How to Read Your VA Rating Decision
What each part of a rating decision and code sheet means — the reasons and bases, the diagnostic code, the effective date, and where errors usually hide.
Duty-to-Assist Errors and Higher-Level Review
What a duty-to-assist error is under 38 CFR § 3.159, why HLR reviewers can return a claim for one, and what a complete record looks like.