Title 38, Veterans' BenefitsRelease 119-102

§7266 Notice of Appeal

Title 38 › PART V — BOARDS, ADMINISTRATIONS, AND SERVICES › CHAPTER 72 — UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS › SUBCHAPTER II — PROCEDURE › § 7266

Last updated Aug 21, 2026|Official source

Summary

If you want the Court of Appeals for Veterans Claims to review a final Board decision that goes against you, you must file a notice of appeal with the Court within 120 days after you get the Board’s notice under section 7104(e). You can hand-deliver or mail the notice. If you hand-deliver it, the filing date is the day the Court gets it. If you mail it, the filing date is the USPS postmark date on the envelope, but that postmark must be readable. The Court decides if the postmark is readable, and that decision is final.

Full Legal Text

Title 38, §7266

Veterans' Benefits, Source: USLM XML via OLRC

(a)In order to obtain review by the Court of Appeals for Veterans Claims of a final decision of the Board of Veterans’ Appeals, a person adversely affected by such decision shall file a notice of appeal with the Court within 120 days after the date on which notice of the decision is issued pursuant to section 7104(e) of this title.
(b)An appellant shall file a notice of appeal under this section by delivering or mailing the notice to the Court.
(c)A notice of appeal shall be deemed to be received by the Court as follows:
(1)On the date of receipt by the Court, if the notice is delivered.
(2)On the date of the United States Postal Service postmark stamped on the cover in which the notice is posted, if the notice is properly addressed to the Court and is mailed.
(d)For a notice of appeal mailed to the Court to be deemed to be received under subsection (c)(2) on a particular date, the United States Postal Service postmark on the cover in which the notice is posted must be legible. The Court shall determine the legibility of any such postmark and the Court’s determination as to legibility shall be final and not subject to review by any other Court.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (a). Pub. L. 117–168 substituted “issued” for “mailed”. 2001—Pub. L. 107–103 struck out “(1)” before “In order to”, redesignated par. (2) of subsec. (a) as subsec. (b), redesignated par. (3) of subsec. (a) as subsec. (c) and subpars. (A) and (B) thereof as pars. (1) and (2), respectively, redesignated par. (4) of subsec. (a) as subsec. (d) and substituted “subsection (c)(2)” for “paragraph (3)(B)”, and struck out former subsec. (b) which read as follows: “The appellant shall also furnish the Secretary with a copy of such notice, but a failure to do so shall not constitute a failure of timely compliance with subsection (a) of this section.” 1998—Subsec. (a)(1). Pub. L. 105–368 substituted “Court of Appeals for Veterans Claims” for “Court of Veterans Appeals”. 1994—Subsec. (a). Pub. L. 103–446 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “In order to obtain review by the Court of Veterans Appeals of a final decision of the Board of Veterans’ Appeals, a person adversely affected by that action must file a notice of appeal with the Court. Any such notice must be filed within 120 days after the date on which notice of the decision is mailed pursuant to section 7104(e) of this title.” 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 4066 of this title as this section. Subsec. (a). Pub. L. 102–40, § 402(d)(1), substituted “7104(e)” for “4004(e)”. Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1998 AmendmentAmendment by Pub. L. 105–368 effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see section 513 of Pub. L. 105–368, set out as a note under section 7251 of this title.

Effective Date

of 1994 Amendment Pub. L. 103–446, title V, § 511(b), Nov. 2, 1994, 108 Stat. 4670, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Nov. 2, 1994] and shall apply to notices of appeal that are delivered or mailed to the United States Court of Veterans Appeals [now United States Court of Appeals for Veterans Claims] on or after that date.” Rule of

Construction

Amendment by Pub. L. 117–168 not to be construed to apply section 5104(a) of this title to decisions of the Board of Veterans’ Appeals under chapter 71 of this title, see section 807(b) of Pub. L. 117–168, set out as a note under section 5100 of this title. Interim Provision for Filing Notices of Appeal Pub. L. 101–94, title II, § 202, Aug. 16, 1989, 103 Stat. 626, provided that in the case of a person adversely affected by a final decision of the Board of Veterans’ Appeals that was made before the date on which the United States Court of Veterans Appeals published in the Federal Register a notice by the Court that it had commenced operations, the period prescribed under this section within which a notice of appeal had to be filed with the Court was to be extended to the end of the 30-day period beginning on the date such notice was published, if the end of that period was later than the date that would otherwise be applicable under this section.

Reference

Citations & Metadata

Citation

38 U.S.C. § 7266

Title 38, Veterans' Benefits

Last Updated

Aug 21, 2026

Release point: 119-102