# 38 CFR § 19.52: Time limit for filing Notice of Disagreement, Substantive Appeal, and response to Supplemental Statement of the Case > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/ecfr-38-19.52 ## Section - **Citation:** 38 CFR § 19.52 - **Heading:** Time limit for filing Notice of Disagreement, Substantive Appeal, and response to Supplemental Statement of the Case - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** September 22, 2026 - **Source:** Publisher's official text - **Location:** Title 38—Pensions, Bonuses, and Veterans' Relief > CHAPTER I—DEPARTMENT OF VETERANS AFFAIRS > PART 19—BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS > Subpart C—Claimant Action in a Legacy Appeal ## Text (a) Notice of Disagreement. Except in the case of simultaneously contested claims, a claimant, or his or her representative, must file a Notice of Disagreement with a determination by the agency of original jurisdiction within one year from the date that that agency mails notice of the determination to him or her. Otherwise, that determination will become final. The date of mailing the letter of notification of the determination will be presumed to be the same as the date of that letter for purposes of determining whether an appeal has been timely filed. (Authority: 38 U.S.C. 7105(b)(1) (2016)) (b) Substantive Appeal—(1) General. Except in the case of simultaneously contested claims, a Substantive Appeal must be filed within 60 days from the date that the agency of original jurisdiction mails the Statement of the Case to the appellant, or within the remainder of the 1-year period from the date of mailing of the notification of the determination being appealed, whichever period ends later. The date of mailing of the Statement of the Case will be presumed to be the same as the date of the Statement of the Case and the date of mailing the letter of notification of the determination will be presumed to be the same as the date of that letter for purposes of determining whether an appeal has been timely filed. (2) Special rule in certain cases where additional evidence is submitted. Except in the case of simultaneously contested claims, if (i) a claimant submits additional evidence within 1 year of the date of mailing of the notification of the determination being appealed, and (ii) that evidence requires, in accordance with § 19.31 of this title, that the claimant be furnished a Supplemental Statement of the Case, then the time to submit a Substantive Appeal shall end not sooner than 60 days after such Supplemental Statement of the Case is mailed to the appellant, even if the 60-day period extends beyond the expiration of the 1-year appeal period. (Authority: 38 U.S.C. 7105(b)(1), (d)(3) (2016)) (c) Response to Supplemental Statement of the Case. Where a Supplemental Statement of the Case is furnished, a period of 30 days from the date of mailing of the Supplemental Statement of the Case will be allowed for response. The date of mailing of the Supplemental Statement of the Case will be presumed to be the same as the date of the Supplemental Statement of the Case for purposes of determining whether a response has been timely filed. Provided a Substantive Appeal has been timely filed in accordance with paragraph (b) of this section, the response to a Supplemental Statement of the Case is optional and is not required for the perfection of an appeal. (Authority: 38 U.S.C. 7105(d)(3) (2016)) [57 FR 4109, Feb. 3, 1992, as amended at 66 FR 50318, Oct. 3, 2001; 68 FR 64806, Nov. 17, 2003; 73 FR 40748, July 16, 2008. Redesignated and amended at 84 FR 177, 179, Jan. 18, 2019] ## Nearby sections - [38 CFR § 19.1 § 19.1 Provisions applicable to legacy appeals.](https://www.frixlaw.com/law-library/statutes/ecfr-38-19.1.md) - [38 CFR § 19.2 § 19.2 Appellant's election for review of a legacy appeal in the modernized system.](https://www.frixlaw.com/law-library/statutes/ecfr-38-19.2.md) - [38 CFR § 19.20 § 19.20 What constitutes an appeal.](https://www.frixlaw.com/law-library/statutes/ecfr-38-19.20.md) - [38 CFR § 19.21 § 19.21 Notice of Disagreement.](https://www.frixlaw.com/law-library/statutes/ecfr-38-19.21.md) - [38 CFR § 19.22 § 19.22 Substantive Appeal.](https://www.frixlaw.com/law-library/statutes/ecfr-38-19.22.md) - [38 CFR § 19.23 § 19.23 Applicability of provisions concerning Notice of Disagreement.](https://www.frixlaw.com/law-library/statutes/ecfr-38-19.23.md) - [38 CFR § 19.24 § 19.24 Action by agency of original jurisdiction on Notice of Disagreement required to be filed on a standardized form.](https://www.frixlaw.com/law-library/statutes/ecfr-38-19.24.md) - [38 CFR § 19.25 § 19.25 Notification by agency of original jurisdiction of right to appeal.](https://www.frixlaw.com/law-library/statutes/ecfr-38-19.25.md) - [38 CFR § 19.26 § 19.26 Action by agency of original jurisdiction on Notice of Disagreement.](https://www.frixlaw.com/law-library/statutes/ecfr-38-19.26.md) - [38 CFR § 19.28 § 19.28 Determination that a Notice of Disagreement is inadequate protested by claimant or representative.](https://www.frixlaw.com/law-library/statutes/ecfr-38-19.28.md) - [38 CFR § 19.29 § 19.29 Statement of the Case.](https://www.frixlaw.com/law-library/statutes/ecfr-38-19.29.md) - [38 CFR § 19.30 § 19.30 Furnishing the Statement of the Case and instructions for filing a Substantive Appeal.](https://www.frixlaw.com/law-library/statutes/ecfr-38-19.30.md) - [38 CFR § 19.31 § 19.31 Supplemental statement of the case.](https://www.frixlaw.com/law-library/statutes/ecfr-38-19.31.md) - [38 CFR § 19.32 § 19.32 Closing of appeal for failure to respond to Statement of the Case.](https://www.frixlaw.com/law-library/statutes/ecfr-38-19.32.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-38-19.52. Check the current official text before relying on it. Not legal advice.