How Long Does a VA Appeal Take? Guide to VA Disability Appeal Timelines and Options

Hurry up and wait. Every current and prior service member is familiar with it, no matter what branch they served in. Unfortunately, this continues long after separation when dealing with the Department of Veterans Affairs, especially for VA appeals. Timelines can be very frustrating. How long will the appeal take? And what are your options? This guide covers everything you need to know about VA timelines for disability appeals.

VA Appeal Timelines in the Appeals Modernization Act (AMA) System

Higher-Level Review Timeline: 125 days

• This lane involves a more senior VA reviewer examining your claim.
• No new evidence is allowed.
• Best used if you believe the original decision was incorrect based on the existing record.
• The VA set itself a goal of 125 days for this type of appeal. Keep in mind that requesting an informal conference will add more wait time.

Supplemental Claim Timeline: 2-3 months

• You submit new and relevant evidence that wasn’t part of the original decision.
• Often used to reopen a previously denied claim or strengthen a weak case.
• Average wait time: 64.5 days in November 2025 (improved from 75 days in October 2025).

Board Appeals Timelines

Board Appeal – Direct Review: 1-2 years

• Your case is sent to the Board of Veterans’ Appeals (BVA) for review.
• No new evidence is submitted, and no hearing is requested.
• A Veterans Law Judge reviews the record as it was at the time of the VA decision.
• Average wait time: 506 days (~1.39 years). See all Board appeal wait times by type of appeal.

Board Appeal – Evidence Submission: 2 years

• This is handled by the Board of Veterans’ Appeals and you may submit new evidence within 90 days of filing the appeal.
• No hearing is held, but the judge considers the new evidence.
• Best if you’ve gathered additional documentation after the VA’s initial denial.
• Average wait time: 713 days (2 years).

Board Appeal – Hearing Lane: over 2 years

• You request a Board hearing before a Veterans Law Judge, either in person or via videoconference.
• You may also submit new evidence at or after the hearing.
• While it allows for more detailed argument, it’s the slowest option due to high demand and limited availability.
• Average wait time: 791 days and continually increasing.

Legacy Appeals Timeline

If you filed your appeal before February 19, 2019, you’re likely in the Legacy system, where disability appeals have historically taken much longer: 

• SOC issuance – often 1 or 2 years
• Board review after Form 9 – another 1 to 3 years
• Total time from 4 to 7 years

At present, waiting times have been progressively decreasing as the remaining Legacy appeals continue to be decided. In July 2025, the VA reported just under 36,000 Legacy cases not yet resolved.

How Long Do I Have to File an Appeal?

Each appeal lane under the Appeals Modernization Act (AMA) has strict deadlines. Missing a deadline could result in losing your original effective date and the right to retroactive benefits. Below are the standard time limits:

• Higher-Level Review (VA Form 20-0996): Must be filed within 1 year of the VA’s decision letter. 
• Supplemental Claim (VA Form 20-0995): Also due within 1 year of VA’s decision letter, unless reopening a final claim. 
• Board Appeal (VA Form 10182): File within 1 year of the decision letter.
• Court of Appeals for Veterans Claims (CAVC): File within 120 days after a Board of Veterans’ Appeals (BVA) decision. 
• Legacy Appeal (VA Form 9): File within 60 days of receiving a Statement of the Case (SOC).

Can I Still Appeal If I Miss the Deadline?

You can request that a previously closed claim be reopened. There is no limit to how many times you can file for VA disability benefits, so even if you miss deadlines or are denied benefits at every level of appeal, you can start all over again with a new application. But you would not be entitled to an earlier effective date prior to the date of the new claim where you filed to reopen, should your claim eventually be granted in the future.

A possible exception to losing the effective date when appealing after the deadline is the Motion for Revision based on Clear and Unmistakable Error, filed in cases where the VA made a serious legal or factual mistake. However, this is a rare and legally complex situation.

Under the new appeal process, reopening is usually done through the Supplemental Claim lane, by submitting new and relevant evidence. This means that the evidence must be something that is material/relevant to the case, and something that was not available and reviewed at the time of the original decision.

How Many Times Can I Appeal a VA Claim?

There is no limit to the number of times you can appeal a VA claim. You may continue appealing decisions as long as you meet the required deadlines (usually within 1 year of the last notice of decision). You can also cycle through the lanes based on updated evidence or changing strategy.

Example: Got denied in a Higher-Level Review? File a Supplemental Claim with new evidence or request a Board Appeal. Each resets your timeline if it’s filed within 1 year of the last notice of decision. If your appeal is granted, your benefits are backdated to your original effective date. If you filed an initial claim in 2025, were denied and appealed in 2026, were denied again but re-appealed, and then win in 2029, you would get 4 years of retroactive pay, going all the way back to 2025.

What Happens If My Appeal Is Deferred or Remanded?

If you file a Supplemental Claim or Higher-Level Review, the VA may defer part of your appeal (e.g., one condition) while making a decision on another part. The veteran can avoid unnecessary delays by submitting the additional evidence as soon as possible.

If the Board of Veterans’ Appeals finds that more evidence or clarification is needed, it may remand your claim back to the VA Regional Office. This is a request for further development that can add months or years to your appeal timeline (but does not reset your effective date). Remands often require VA to:

• Schedule a new exam
• Obtain missing records
• Reconsider the claim under updated criteria

Why Does It Take So Long?

Years of waiting is the life of thousands of veterans across the United States. As every veteran pursuing VA benefits has experienced, to a lesser or greater degree, the VA takes time: time to answer your questions, time to process your paperwork, time to get the decisions right or make decisions at all.

Initial claims are processed much more quickly than appeals. A large part of that reason is because they created an initiative to help reduce the amount of time that initial claims are processed. But you can make sure your appeal doesn’t take more time than it needs to, by following VA requirements and deadlines and responding promptly to requests from the VA that may be holding things up.

Can I Speed Up the VA Appeal?

While VA disability appeals can feel slow and frustrating, understanding the timelines, deadlines, and appeal lanes puts the power back in your hands. You should:

• Always file within your appeal window to preserve your effective date
• Choose the right lane for your evidence and try to avoid requesting a hearing (for a Board appeal) or an informal conference (for a Higher-Level Review) as they considerably increase processing time
• Answer quickly to VA notices or requests
• Apply for an expedited review if you’re over the age of 85 (or 75 in the case of a Board appeal), terminally ill or facing financial hardship or are homeless
• Consider legal representation from an experienced VA disability attorney

Getting Expert Help

Working with the VA system as we do, we see all sides of the process. Of course, there are circumstances which necessitate a speedy resolution to a case, such as terminal illness, severe financial distress, or advanced age. And some cases do need a nudge when they have been sitting in the Regional Office for too long.

But we also see the end result of patiently waiting. Our attorneys have worked hundreds of cases with incredible success. They have seen these cases before, they know how to play the game and how to win. Some cases they know will take longer than others. Let their experience win your claims the way they have won so many others.