When is the appellant's brief due at the CAVC?

Not later than 60 days after the 14-day Rule 10(b) period for disputing the Record Before the Agency expires, or 30 days after the Rule 33 staff conference is completed, whichever is later (Rule 31(a)(1)). For example, with the RBA served December 7, 2026 and a conference on February 1, 2027, the brief is due Wednesday, March 3, 2027.

How does the CAVC count days?

Under Rule 26(a)(1), the day of the event that starts the period is not counted; the last day is, 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, so it governs the 120-day appeal period too. Rule 26(a)(2) lists the legal holidays, plus any day declared a holiday by the President or Congress.

When is the Rule 33 summary of issues due?

No later than 14 days before the staff conference, to the Secretary and the Court's Central Legal Staff, limited to 10 pages (Rule 33(b)). The period counts backward, so this calculator moves a weekend or holiday EARLIER. For a conference on February 1, 2027, 14 days before is January 18, Martin Luther King, Jr. Day, so it shows Friday, January 15, 2027. The time to prepare for the conference does not toll other deadlines absent an order.

How long do I have to dispute the Record Before the Agency?

A motion disputing the preparation or content of the RBA must be submitted within 14 days after the RBA is served, and it must describe the parties' good-faith efforts to resolve the dispute. An opposing party may respond within 7 days after the motion is served (Rule 10(b)).

When is an EAJA application due after a CAVC win?

Within 30 days after the judgment becomes final (28 U.S.C. § 2412(d)(1)(B); Rule 39(a)). At the CAVC the judgment becomes final at mandate (Rule 41(a)), which is generally 60 days after judgment. The Court cannot extend the EAJA deadline (Rule 26(b)). The EAJA fee estimator computes both the fee and this date.

Do I get extra days when a brief is served by mail?

When a period starts with another party's service by mail, Rule 26(c)(1) adds 5 days. It never applies to Rule 4 (the appeal), Rule 35 motions, Rule 39(a) EAJA applications, or periods set in Court orders and notices (Rule 26(c)(3)). Service through CM/ECF is not service by mail.

Free · for veterans' lawyers · CAVC Rules 4, 10, 26, 31, 33

What are the CAVC deadlines after the notice of appeal?

After a notice of appeal is docketed at the U.S. Court of Appeals for Veterans Claims, the Secretary serves the Record Before the Agency within 60 days of the notice of docketing (Rule 10(a)), and any motion disputing the RBA is due 14 days after service (Rule 10(b)). The appellant's summary of issues goes in 14 days before the Rule 33 staff conference, and the opening brief is due 60 days after the 14-day RBA period ends or 30 days after the conference, whichever is later (Rule 31(a)(1)). The Secretary's brief follows in 60 days and a reply in 14. Days are counted under Rule 26(a): the trigger day is excluded, and a deadline on a weekend, legal holiday, or day the Court is closed moves to the next open day.

Rule 26(a) counting
Rule 31 briefs
Rule 33 summary
Mandate & EAJA
Not legal advice

Docketing through briefing

Notice of docketingRecord Before the Agency servedRule 33 staff conference (if scheduled)Appellant's brief filed and servedSecretary's brief servedBoard's post-remand notice mailed (after a remand)

Secretary files a copy of the Board decisionSecretary
Enter the notice of docketing to compute this.
Day 1 is the day after the notice of docketing; count 30. If the last day is a Saturday, Sunday, legal holiday, or a day the Court is closed, it moves to the next open day (Rule 26(a)).
Rule 4(c) — not later than 30 days after the notice of docketing
Secretary serves the Record Before the AgencySecretary
Enter the notice of docketing to compute this.
Day 1 is the day after the notice of docketing; count 60. If the last day is a Saturday, Sunday, legal holiday, or a day the Court is closed, it moves to the next open day (Rule 26(a)).
Rule 10(a) — 60 days following the notice of docketing
Motion disputing the RBA (if any)Appellantoptional filing
Enter the date the RBA was served to compute this.
Day 1 is the day after the RBA is served; count 14. If the last day is a Saturday, Sunday, legal holiday, or a day the Court is closed, it moves to the next open day (Rule 26(a)).
Rule 10(b) — 14 days after the RBA is served
Summary of the issues to the Secretary and Central Legal StaffAppellant
Enter the staff conference date to compute this.
Count back 14 days from the conference; a closed day moves it EARLIER, never later.
Rule 33(b) — 14 days before the staff conference; 10 pages
Appellant's briefAppellant
Enter the date the RBA was served to compute this.
60 days after the 14-day Rule 10(b) period ends, or 30 days after the conference, whichever is later. If the last day is a Saturday, Sunday, legal holiday, or a day the Court is closed, it moves to the next open day (Rule 26(a)).
Rule 31(a)(1) — the later of 60 days after the Rule 10(b) period expires or 30 days after the Rule 33 conference
Secretary's briefSecretary
Enter the date the appellant's brief was filed to compute this.
Day 1 is the day after the appellant's brief is served; count 60. If the last day is a Saturday, Sunday, legal holiday, or a day the Court is closed, it moves to the next open day (Rule 26(a)).
Rule 31(a)(2) — 60 days after service of the appellant's brief
Reply brief (optional)Appellantoptional filing
Enter the date the Secretary's brief was served to compute this.
Day 1 is the day after the Secretary's brief is served; count 14. If the last day is a Saturday, Sunday, legal holiday, or a day the Court is closed, it moves to the next open day (Rule 26(a)).
Rule 31(a)(3) — 14 days after service of the Secretary's brief

After the Court decides

Court's decision or orderJudgment enteredMandate entered (if already on the docket)

Motion for reconsideration, panel decision, or full Court reviewAppellantoptional filing
Enter the date of the Court's decision to compute this.
Day 1 is the day after the decision or order; count 21. No mailing days are added (Rule 26(c)(3)). If the last day is a Saturday, Sunday, legal holiday, or a day the Court is closed, it moves to the next open day (Rule 26(a)).
Rule 35(d) — not later than 21 days after the dispositive action (51 if located outside the U.S., Puerto Rico, or the Virgin Islands)
Notice of appeal to the Federal CircuitAppellantoptional filing
Enter the date judgment was entered to compute this.
Day 1 is the day after judgment is entered; count 60. If the last day is a Saturday, Sunday, legal holiday, or a day the Court is closed, it moves to the next open day (Rule 26(a)).
Rule 36(a) — judgment begins the 60-day period for appealing to the U.S. Court of Appeals for the Federal Circuit
Mandate (expected)Court
Enter the date judgment was entered (or the mandate date) to compute this.
Judgment date plus 60 days, unless a timely Federal Circuit appeal is filed or the Court directs otherwise. The docket's mandate entry controls.
Rule 41(a)–(b) — mandate is when the judgment becomes final; generally 60 days after judgment
EAJA application for attorney fees and expensesAppellant
Enter the mandate date (or the judgment date to estimate it) to compute this.
Day 1 is the day after mandate; count 30. Set by statute: the Court cannot extend it (Rule 26(b)), and no mailing days are added (Rule 26(c)(3)). If the last day is a Saturday, Sunday, legal holiday, or a day the Court is closed, it moves to the next open day (Rule 26(a)).
28 U.S.C. § 2412(d)(1)(B); Rule 39(a) — not later than 30 days after the judgment becomes final (mandate)

An estimate, not legal advice. The Court's orders and the docket control: an extension, a stay, a day the Court is closed, or a holiday declared on short notice changes these dates. When a period starts with another party's service by mail, Rule 26(c) adds 5 days (never to Rules 4, 35, or 39(a), or to Court orders); service through CM/ECF adds none.

The schedule

Every period, with its rule

CAVC deadlines and the rules that set them
Step	Period	Source
Notice of Appeal	120 days after the Board issues notice of its decision	38 U.S.C. § 7266(a); Rule 4(a)(1)
Copy of the Board decision (Secretary)	30 days after the notice of docketing	Rule 4(c)
Record Before the Agency served (Secretary)	60 days after the notice of docketing	Rule 10(a)
Motion disputing the RBA	14 days after the RBA is served; response 7 days after the motion	Rule 10(b)
Summary of issues to the Secretary and CLS	14 days before the staff conference; 10 pages	Rule 33(b)(1)–(2)
Appellant's brief	Later of 60 days after the Rule 10(b) period ends or 30 days after the Rule 33 conference	Rule 31(a)(1)
Secretary's brief	60 days after service of the appellant's brief	Rule 31(a)(2)
Reply brief	14 days after service of the Secretary's brief	Rule 31(a)(3)
Reconsideration, panel, or full Court motion	21 days after the dispositive action (51 if outside the U.S., Puerto Rico, or the Virgin Islands)	Rule 35(d)
Appeal to the Federal Circuit	60 days after judgment	Rule 36(a)
Mandate	Generally 60 days after judgment	Rule 41(b)–(c)
EAJA application	30 days after the judgment becomes final (mandate); cannot be extended	28 U.S.C. § 2412(d)(1)(B); Rules 26(b), 39(a)
Board evidence and argument after a Court remand	90 days after the Board mails its post-remand notice	Kutscherousky v. West, 12 Vet. App. 369 (1999)

Periods are from the Court's Rules of Practice and Procedure as amended effective October 1, 2026. The Court may extend most of them for good cause, up to 45 days in total per filing before extraordinary circumstances are required (Rule 26(b)); it cannot extend the notice of appeal (except under Rule 4) or an EAJA application.

Still inside the 120 days? The VA appeal deadline calculator computes the notice of appeal date from the Board decision, along with the agency-level review deadlines. After a win, the EAJA fee estimator works out the fee and the application date. For the whole sequence in prose, read what happens after you file a notice of appeal at the CAVC and how EAJA fees are calculated for a CAVC case.

Commander for Advocates tracks Court deadlines for every client. See how it works. Also free: the VA fee calculator and the fee agreement checklist.

Questions

Common questions about CAVC deadlines

When is the appellant's brief due at the CAVC?: Not later than 60 days after the 14-day Rule 10(b) period for disputing the Record Before the Agency expires, or 30 days after the Rule 33 staff conference is completed, whichever is later (Rule 31(a)(1)). For example, with the RBA served December 7, 2026 and a conference on February 1, 2027, the brief is due Wednesday, March 3, 2027.
How does the CAVC count days?: Under Rule 26(a)(1), the day of the event that starts the period is not counted; the last day is, 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, so it governs the 120-day appeal period too. Rule 26(a)(2) lists the legal holidays, plus any day declared a holiday by the President or Congress.
When is the Rule 33 summary of issues due?: No later than 14 days before the staff conference, to the Secretary and the Court's Central Legal Staff, limited to 10 pages (Rule 33(b)). The period counts backward, so this calculator moves a weekend or holiday EARLIER. For a conference on February 1, 2027, 14 days before is January 18, Martin Luther King, Jr. Day, so it shows Friday, January 15, 2027. The time to prepare for the conference does not toll other deadlines absent an order.
How long do I have to dispute the Record Before the Agency?: A motion disputing the preparation or content of the RBA must be submitted within 14 days after the RBA is served, and it must describe the parties' good-faith efforts to resolve the dispute. An opposing party may respond within 7 days after the motion is served (Rule 10(b)).
When is an EAJA application due after a CAVC win?: Within 30 days after the judgment becomes final (28 U.S.C. § 2412(d)(1)(B); Rule 39(a)). At the CAVC the judgment becomes final at mandate (Rule 41(a)), which is generally 60 days after judgment. The Court cannot extend the EAJA deadline (Rule 26(b)). The EAJA fee estimator computes both the fee and this date.
Do I get extra days when a brief is served by mail?: When a period starts with another party's service by mail, Rule 26(c)(1) adds 5 days. It never applies to Rule 4 (the appeal), Rule 35 motions, Rule 39(a) EAJA applications, or periods set in Court orders and notices (Rule 26(c)(3)). Service through CM/ECF is not service by mail.

A calendaring aid, not legal advice. The Court's orders and the docket control. Holidays are the Rule 26(a)(2) legal holidays as observed; a day the Court closes, or a holiday declared on short notice, isn't known in advance. Check the Court's website for closures.

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