Deadlines that decide cases

Find the date on your letter first

Every deadline runs from a different event.

Some run from the date on a decision letter. Some run from the day you receive it. Some run from your discharge, an injury, or a death. This page lists common federal deadlines and the law behind each one, so you can see which clock applies to you.

It is a quick reference, not a calendar. Your notice, your facts and your state's law control. When a letter shows a shorter deadline than this page, the letter wins.

VA claims and appeals

Most VA review clocks are one year. Two are much shorter.

• 1 yearHigher-Level Review. VA says to request it “within 1 year of our decision”, counted from the date on your decision letter. Supplemental Claim and Board appeal follow the same one-year idea. See Appeal a VA decision.
• 1 yearIntent to file. A complete claim has to reach VA within 1 year of VA receiving the intent to file for the earlier date to hold (38 CFR 3.155(b)).
• 60 daysContested claim, where two or more people claim the same benefit. A notice of disagreement is due within 60 days of the notice (38 U.S.C. 7105A).
• 60 daysProposed rating reduction. You get 60 days to submit more evidence (38 CFR 3.105(e)). A pre-decision hearing has to be requested within 30 days of the notice (38 CFR 3.105(i)(1)). See Protected ratings.
• 120 daysCourt of Appeals for Veterans Claims. A notice of appeal is due within 120 days after the Board decision notice is issued (38 U.S.C. 7266(a)).

A decision date, not the date you opened the letter, usually starts the clock. Ask your accredited representative to confirm the date for your case.

VA debts and emergency care

• 30 daysDispute a VA debt in writing within 30 days of the date of the debt notice, and VA will not start collecting until it reviews your dispute (38 CFR 1.912a).
• 1 yearAsk VA to waive a benefit overpayment within 1 year of the date of the notice of indebtedness (38 CFR 1.963(b)). The year can be extended if the notice reached you late. See VA debts and overpayments.
• 72 hoursNon-VA emergency care. VA says it must get the notification within 72 hours of when your emergency care starts. The provider usually reports it. See Emergency care at a non-VA hospital.

Notification inside 72 hours is not a promise VA will pay. VA still decides whether the care qualifies.

Discharge, records and retired pay

• 15 yearsDischarge Review Board. A request must be made within 15 years after the date of discharge or dismissal (10 U.S.C. 1553(a)).
• 3 yearsBoard for Correction of Military Records. The request is due within 3 years after you discover the error or injustice. A board may excuse a late filing in the interest of justice (10 U.S.C. 1552(b)).
• 1 yearFormer spouse Survivor Benefit Plan deemed election. The request has to reach the service within 1 year of the court order or filing involved (10 U.S.C. 1450(f)(3)(C)). See Survivor Benefit Plan.

Start with Discharge upgrade and Get your DD-214.

Survivors and accrued benefits

• 1 yearA claim for accrued benefits has to be filed within 1 year after the date of death (38 U.S.C. 5121(c)). See Accrued benefits and substitution.

If a claim or appeal was already pending when the veteran died, ask about substitution at once. My DIC page covers the monthly survivor benefit.

Suing or claiming against the federal government

• 2 yearsFederal Tort Claims Act. A tort claim has to be presented in writing to the right federal agency within 2 years after it accrues (28 U.S.C. 2401(b)).
• 6 monthsAfter the agency’s final denial is mailed, suit has to be filed within 6 months (28 U.S.C. 2401(b)). Miss either deadline and the statute says the claim is “forever barred.”

A VA section 1151 claim is a separate VA benefit claim, not a lawsuit. See VA care injury 1151 claim. When the accrual date is unclear, talk to a lawyer promptly.

Jobs and discrimination

• 14 / 90 daysUSERRA reemployment application after service: 14 days after service ends if you served 31 to 180 days, and 90 days if you served 181 days or more (38 U.S.C. 4312(e)(1)). For service under 31 days you report back by the first full work period after 8 hours of rest and safe travel home. See USERRA.
• 180 / 300 daysEEOC charge. 180 days after the unlawful practice, or 300 days where a state or local agency can act (42 U.S.C. 2000e-5(e)(1)).
• 45 daysFederal employees contact an EEO counselor within 45 days of the matter alleged to be discriminatory (29 CFR 1614.105(a)(1)). It can be extended in some cases.
• 60 daysVeterans preference (VEOA) complaint to the Department of Labor within 60 days after the date of the alleged violation (5 U.S.C. 3330a(a)(2)(A)). See Federal veterans preference.

SSA appeals

• 60 daysEach SSA appeal step generally has to be requested within 60 days after you receive the notice: reconsideration (20 CFR 404.909), an ALJ hearing (20 CFR 404.933) and Appeals Council review (20 CFR 404.968).
• +5 daysSSA presumes you received the notice 5 days after the date on it unless you show otherwise (20 CFR 404.901). A late request can be accepted with good cause.

VA ratings do not decide an SSA case. See SSDI and VA disability.

What I could not verify

• State and local deadlines. Eviction and foreclosure responses, state tax exemptions, family court and small-claims clocks differ by state and often run in days. They are not on this page.
• Board of Veterans’ Appeals docket windows. Evidence windows depend on the docket you pick. Use VA’s page for your docket.
• Extensions at the Court. I did not verify motion or tolling rules for the Court of Appeals for Veterans Claims.
• Changes after October 19, 2026. Regulations and VA pages change. Confirm any deadline in your case before you rely on this list.