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DISABILITYVA program

Court of Appeals for Veterans Claims (CAVC)

Federal Article I court where veterans can appeal Board of Veterans' Appeals decisions. VA's appeal rights notice says free representation is available through the Veterans Consortium Pro Bono Program.

Step-by-step guide

  1. A final Board decisionAn issue the Board allowed, denied, or dismissed in the Order section of its decision. An issue the Board sent back to VA in a remand is not final and cannot be appealed yet.
  2. A Notice of Appeal within 120 daysFiled with the Court within 120 days from the date on the Board decision, which is the date it was mailed. Even with a representative, filing on time is your responsibility.
  3. The record the Board hadThe Court reviews the record the Board considered. New evidence cannot be added at the Court.

Source: VA Form 4597 (opens in new tab); 38 CFR 20.1100 (opens in new tab); VA: Federal Benefits for Veterans, Dependents, Survivors, and Caregivers (2026) (opens in new tab); VA.gov: after a Board Appeal decision (opens in new tab)

File a Notice of Appeal with the Court within 120 days from the date on the Board decision. A Supplemental Claim filed with VA within 1 year of the Board decision keeps your effective date (the date your payments start).

Documents for this benefit: what each is, what it shows VA, and how VA gets it
DocumentWhat it showsHow VA gets itHave it?
The Board decision The Board's written decision. The date stamped on it is the date it was mailed, and its Order section lists each issue decided.The Board's ruling on each issue, and the start of your 120 daysThe Board mails it to you with a notice of your appeal rights, VA Form 4597. You can also find Board decisions in your case by signing in on VA.gov.Yes
Notice of Appeal to the Court The filing that starts a Court appeal. The Court has its own rules and forms for it.That you are appealing, and when you filedYou file it with the Court, not with the Board or any VA office. VA Form 4597 gives the address: Clerk, U.S. Court of Appeals for Veterans Claims, 625 Indiana Avenue NW, Suite 900, Washington, DC 20004-2950. The Court charges a filing fee, and you can ask it to waive the fee for financial hardship.
The record before the Board Everything the Board considered when it decided your appeal.The facts the Court reviewsYou do not gather it. The Court reviews the record the Board considered and does not take new evidence.
New records or statements Records or statements VA has not considered before, such as a new medical report or a statement from someone who saw what happened.Something VA did not have when it decidedThey go to VA with VA Form 20-0995, not to the Court. VA can help gather records you name, such as VA or private treatment records.

The Notice of Appeal goes to the Court, not to VA and not to BeneVets. New evidence goes to VA in a Supplemental Claim.

  1. Find the date on the Board decision

    The Court deadline under Time limits counts from the date on the Board decision, the date it was mailed. Note which issues the Order section allowed, denied, or dismissed; an issue sent back to VA in a remand cannot be appealed yet.

    Source: VA Form 4597 (opens in new tab); 38 CFR 20.1100 (opens in new tab); VA.gov: after a Board Appeal decision (opens in new tab)

  2. Choose a path for each issue

    The two main paths after a Board decision are an appeal to the Court, or a Supplemental Claim with new and relevant evidence. The appeal rights notice also lists motions to the Board.

    Source: VA.gov: after a Board Appeal decision (opens in new tab); 38 CFR 3.2500(c) (opens in new tab); VA Form 4597 (opens in new tab)

  3. Find help for the Court

    You can represent yourself, or be represented by a lawyer or an approved agent. VA's appeal rights notice says the Court website lists practitioners available to represent appellants, and that free representation is available through the Veterans Consortium Pro Bono Program, whose helpline is 855-446-9678.

    Source: VA Form 4597 (opens in new tab); VA: Federal Benefits for Veterans, Dependents, Survivors, and Caregivers (2026) (opens in new tab); VA.gov: after a Board Appeal decision (opens in new tab)

  4. For a Supplemental Claim, get free help from a VSO

    Free help: an accredited VSO can file this with you. Find one near you in the BeneVets VSO directory at Find an accredited VSO near you. A VSO representative helps with filings to VA, such as a Supplemental Claim.

    Source: VA.gov: accredited representatives (opens in new tab); VA.gov: decision reviews and appeals (opens in new tab); VA Form 4597 (opens in new tab)

  5. File the Notice of Appeal with the Court

    File by the deadline under Time limits. Send it to the Court, not to the Board or any VA office, at the address on VA Form 4597. The Court charges a filing fee, and you can ask it to waive the fee for financial hardship.

    Source: VA Form 4597 (opens in new tab); VA.gov: after a Board Appeal decision (opens in new tab)

  6. After the Court rules

    If the Court sends the case back to the Board, the Board takes it up without regard to its place on the docket. Either side can ask the U.S. Court of Appeals for the Federal Circuit to review the Court decision.

    Source: 38 CFR 20.800(d) (opens in new tab); VA: Federal Benefits for Veterans, Dependents, Survivors, and Caregivers (2026) (opens in new tab)

One path at a time for each issue

While an issue is on appeal at the Court, VA cannot take a Supplemental Claim or other review on it. After the Court decides, a Supplemental Claim is still open, and one filed within 1 year of the Court decision keeps your effective date, as long as the Court accepted your appeal as on time.

Source: 38 CFR 3.2500(b) (opens in new tab); 38 CFR 3.2500(c) (opens in new tab); 38 CFR 3.2500(h) (opens in new tab)

Board motions and the 120 days

The appeal rights notice also lists motions you can file with the Board, such as asking it to reconsider for an obvious error of fact or law. A motion to reconsider or to vacate filed within the 120 days starts a new 120 days from the date the Board rules on it. Filing with the Court and the Board at the same time may delay the Court appeal.

Source: VA Form 4597 (opens in new tab)

If you are on active duty

The 120 days do not count time on active duty. If active service makes it hard to file, such as a combat deployment, you may have 90 more days after active duty ends before the 120 days, or what is left of them, start to run.

Source: VA Form 4597 (opens in new tab)

BeneVets is informational and is not an accredited representative. Free help: an accredited VSO can work through VA benefits with you at no cost. Find an accredited VSO near you

Sources checked October 1, 2026: 38 CFR 3.2500(h) (opens in new tab), 38 CFR 3.2500(b) (opens in new tab), 38 CFR 3.2500(c) (opens in new tab), 38 CFR 20.800(d) (opens in new tab), 38 CFR 20.1100 (opens in new tab), VA.gov: after a Board Appeal decision (opens in new tab), VA.gov: decision reviews and appeals (opens in new tab), VA.gov: Supplemental Claims (opens in new tab), VA.gov: accredited representatives (opens in new tab), VA Form 4597 (opens in new tab), VA Form 20-0995 (opens in new tab), VA: Federal Benefits for Veterans, Dependents, Survivors, and Caregivers (2026) (opens in new tab)