By Mike Roberts, PhD · Founder, VA Claim Commander · Disabled veteran · Updated October 6, 2026
After you file a Notice of Appeal at the Court of Appeals for Veterans Claims, the Clerk dockets the appeal, the Secretary files the Board decision within 30 days and serves the record before the agency within 60 days of the notice of docketing, and you have 14 days to raise a record dispute. If the Court schedules a staff conference, your summary of issues is due 14 days before it. Your opening brief follows, then the Secretary's brief and your reply.
Every period below is from the Court's Rules of Practice and Procedure as posted on the Court's website on October 1, 2026. Check the current rules and any order in your case before you rely on a date.
This guide is general information for representatives, not legal advice about any particular case.
The Notice of Appeal itself
A Notice of Appeal must be filed within 120 days after the date notice of the Board decision is issued (38 U.S.C. § 7266(a); Rule 4(a)(1)). Under Rule 4(a)(3), if the Secretary does not move to dismiss for untimeliness within 45 days after filing the Board decision, the Notice of Appeal is treated as timely. If the Secretary does move, a Notice of Appeal received within 30 days after the deadline can be saved by good cause or excusable neglect, and one received later only by equitable tolling.
The sequence, step by step
| Step | Rule | Period |
|---|---|---|
| Notice of docketing | Rule 4(b)(3) | The Clerk notifies all parties of the date the Notice of Appeal was received. |
| Copy of the Board decision | Rule 4(c) | The Secretary files it within 30 days after the notice of docketing. |
| Record before the agency (RBA) served | Rule 10(a) | Within 60 days following the notice of docketing. |
| Motion on an RBA dispute | Rule 10(b) | Within 14 days after the RBA is served; a response within 7 days after the motion is served. |
| Summary of issues (if a pre-briefing staff conference is scheduled) | Rule 33(b) | No later than 14 days before the conference; limited to 10 pages. |
| Appellant's brief | Rule 31(a)(1) | 60 days after the 14-day RBA dispute period expires, or 30 days after the staff conference is completed, whichever is later. |
| Secretary's brief | Rule 31(a)(2) | 60 days after service of the appellant's brief. |
| Reply brief | Rule 31(a)(3) | 14 days after service of the Secretary's brief. |
| Record of proceedings (ROP) | Rule 28.1(a)(3) | The Secretary files it within 14 days after the reply brief is filed, or after it was due. |
| Motion on an ROP dispute | Rule 28.1(b) | Within 14 days after the ROP is served. |
The record before the agency
Under Rule 10(a), the Secretary copies everything in the claims file on the date of the Board decision, plus other material relevant to the decision, and serves it paginated with the Board decision as the first document. Material that postdates the Board decision generally is not included.
Read the RBA as soon as it arrives. The 14-day dispute window in Rule 10(b) is short, and a dispute motion must describe the good-faith efforts the parties made to resolve it. Check for missing documents, illegible pages, and documents from other veterans' files. Your brief will cite the RBA by its page numbers (Rule 28(h)), so build your page index from it, not from the claims file copy you had before.
The Rule 33 staff conference
In cases scheduled for a pre-briefing staff conference, the appellant sends the Secretary and the Court's Central Legal Staff a summary of the issues to be raised, with citations to authority and the pertinent RBA pages, at least 14 days before the conference (Rule 33(b)(1)). The summary is limited to 10 pages, not counting the record material submitted with it (Rule 33(b)(2)). You also file a certificate of service.
Representatives must consult their clients in good faith about whether a joint resolution or settlement is possible, and at the conference must have authority to agree or be in immediate contact with someone who does (Rule 33(c)). What is said at the conference is not disclosed to a judge unless the parties agree in writing (Rule 33(d)). Preparing for the conference does not toll any deadline unless the Court orders otherwise.
An appeal can resolve at this stage through a joint motion for remand. After the Court's initial notice to file a brief, the Court will not accept a motion in place of a brief other than a joint motion for remand or termination (Rule 28(g)).
Briefing
The appellant's brief follows the order in Rule 28(a): tables of contents and authorities, statement of the issues, statement of the case with RBA citations, argument, and conclusion. Record citations give the specific page followed by the full document's pages in parentheses (Rule 28(a)(4)(ii)). Principal briefs are limited to 30 pages and reply briefs to 15 (Rule 32(e)). If a party misses a briefing deadline, the Court may dismiss the appeal or impose sanctions (Rule 31(b)).
Computing time and getting more of it
- Counting days (Rule 26(a)(1)). Exclude the day of the event that starts the period and include the last day, unless it is a Saturday, Sunday, legal holiday, or a day the Court is closed by the Chief Judge. The rule applies to periods set by the rules, a Court order, or a statute.
- Legal holidays (Rule 26(a)(2)) include the federal holidays listed in the rule and any day declared a holiday by the President or Congress.
- Service by mail (Rule 26(c)). Five days are added when a period starts with service of a document by mail, but not to periods set in Court orders and notices or in Rules 4, 35, or 39(a).
- Extensions (Rule 26(b)). The Court may extend a period for good cause up to a total of 45 days for a particular filing; beyond that only for extraordinary circumstances. It cannot extend the time for a Notice of Appeal except as Rule 4 provides, or for an EAJA application. A motion to extend does not move the due date unless the Court grants it.
A free CAVC deadline calculator runs these counts from the dates you enter. Confirm each result against the rules and the docket.
After the decision
A motion for reconsideration, panel decision, or full Court review is due within 21 days after the dispositive action (Rule 35(d)). Judgment starts the 60-day period to appeal to the Federal Circuit (Rule 36(a)). Mandate generally follows 60 days after judgment, unless a timely notice of appeal to the Federal Circuit is filed or the Court directs otherwise (Rule 41(b)). An application for fees under the Equal Access to Justice Act is due within 30 days after the judgment becomes final (Rule 39(a)); see how EAJA fees are calculated.
Frequently asked questions
How long does the Secretary have to serve the record before the agency?
Not later than 60 days following the notice of docketing (Rule 10(a)). The Secretary also files a notice certifying that the record has been served.
How long do I have to dispute the record before the agency?
A motion must be filed within 14 days after the record before the agency is served, and must describe the good-faith efforts the parties made to resolve the dispute (Rule 10(b)).
When is the appellant's brief due at the CAVC?
Sixty days after the 14-day record dispute period expires, or 30 days after the Rule 33 staff conference is completed, whichever is later (Rule 31(a)(1)). The Court can modify briefing deadlines when it has to resolve a record dispute.
What is the summary of issues for a CAVC staff conference?
In cases scheduled for a pre-briefing staff conference, it is the appellant's summary of the issues to be raised, with citations to authority and pertinent record pages, sent to the Secretary and Central Legal Staff no later than 14 days before the conference and limited to 10 pages (Rule 33(b)).
How are deadlines computed at the CAVC?
Under Rule 26(a)(1), the day of the event that starts the period is not counted, and the last day is counted unless it is a Saturday, Sunday, legal holiday, or a day the Court is closed at the direction of the Chief Judge. The rule applies to periods set by the rules, a Court order, or a statute.
Can the CAVC extend the time to file a Notice of Appeal?
Only as Rule 4 provides. Rule 26(b) bars extending the Notice of Appeal deadline except under Rule 4, and bars extending the time for an EAJA application.
VA forms mentioned in this guide
Written for accredited representatives
This guide is for VA-accredited claims agents, attorneys, and VSO representatives. Commander for Advocates is case management software built around this work: reading the C-file, choosing the lane, and assembling the packet. See how it works →
This guide is educational information about the VA claims system — it is not legal or medical advice, and it does not predict or promise any claim outcome. Regulations and procedures change; always verify current requirements at VA.gov. VA Claim Commander is a self-service documentation tool, not a VSO, law firm, or VA-accredited representative.