Step Five: Other Options Instead Of Filing An Appeal With The Court

If you have received a decision by the BVA on your claim for VA benefits and you are unhappy with that decision, you have four options you can pursue to try and change that decision. The first is to appeal to the Court. We have already learned how to appeal to the Court in this classroom. This is your best bet for success.

However, you have three other options you may wish to pursue. You may:

These can be long processes and many are not successful. Below are answers to some common questions about these options:



You have 120 days from the date the decision was mailed to you (as shown on the first page of the decision) to file a Notice of Appeal with the Court. There is no time limit for filing a motion for reconsideration or a motion to vacate with the Board.   However, if you are interested in filing these motions, you should do so within 120 days if you want to preserve the time limit to later appeal to the Court (in the event the BVA denies your motion).

If the BVA denies your motion for reconsideration or your motion to vacate, and you filed that within 120 days, you then have another 120 days from that denial date to file an appeal to the Court.

Remember, even if you have a representative, it is your responsibility to make sure that your appeal to the Court is filed on time.



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