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Sean Kendall

Q:
What is the deadline to appeal an adverse Board of Veterans' Appeals decision to court?

A:

A veteran has 120 days to appeal an adverse decision to court.  The court follows the "mailbox" rule and if the decision is post-marked to the court within the 120 day deadline, the appeal will be accepted.  Keep evidence that the appeal has been received by the court, such as sending the appeal to the court by certified mail/return receipt.  

Be careful, do not send the court appeal to a branch of the VA.  While the VA may be obligated to tell a person that the appeal was mailed to the wrong address, there may not be enough time for an appellant to make the correction.