The Appeals Process: Step 7
If you disagree with the Board's final ruling, you can appeal to the U.S. Court of Veterans Appeals for Veterans Claims. Normally, you must file a Notice of Appeal with the Court within 120 days from the date the Board's decision is mailed to you.
To get more information about the Notice of Appeal, methods for filing with the Court, Court filing fees and other related matters, you can call the Court at 800-869-8654 or write to the address below:
United States Court of Appeals for Veterans Claims
625 Indiana Ave, NW, Suite 900
Washington, DC 20004
Telephone: (202) 501-5970
If you appeal to the Court, you should also file a copy of the Notice of Appeal with the VA General Counsel at the following address:
Office of the General Counsel (027)
Department of Veterans Affairs
810 Vermont Ave., NW
Washington, DC 20420
There are other ways to challenge the Board's decision:
- Motion for Reconsideration - If you can prove that the Board made an obvious error of fact or law in its decision, you can file a written motion for reconsideration. If you have a representative, you should consult with him/her about whether you should file a motion.
- Reopening the Case - If you have new evidence, you can request that your case be re-opened. To be considered, the evidence you submit must include information related to your case that was not included in your claims folder when the Board decided your case. To re-open your case, you need to submit your evidence directly to your local VA office.
- CUE Motion - A Board decision can be reversed or revised if you can prove that the decision contained "clear and unmistakeable error" (CUE). Because CUE is a very complicated area of law, you should ask your representative for advice before you decide to file a CUE motion. You can file a CUE motion at any time, but if you file it after filing a Notice of Appeal with the U.S. Court of Appeals for Veterans Claims, the Board cannot rule on your CUE motion. CUE motions should be filed directly with the Board, and not your local VA office.
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