If you’ve appealed a VA decision to the Board of Veterans’ Appeals (BVA), you’re in for a long wait. The current va appeal wait time for a BVA decision can be lengthy, often stretching over a year.
However, there is one deadline that does not wait: the 90-day evidence window.
As we head into the holiday season, it’s critical to understand how this window works and how Thanksgiving can create a false sense of security.
The 3 BVA Dockets and Their Evidence Rules
When you filed your BVA appeal (Notice of Disagreement, VA Form 10182), you had to choose one of three “dockets” or lanes:
- Direct Review: You want a judge to review the same file the VA rater had. No new evidence is allowed. This docket is the fastest.
- Evidence Submission: You have new evidence you want a judge to review, but you do not want a hearing.
- Hearing: You want to testify before a judge and can submit new evidence.
This article is for veterans who have chosen Lane 2 (Evidence Submission).
The 90-Day Clock is Unforgiving
When you choose the Evidence Submission docket, you have 90 days from the date the VA receives your BVA appeal to submit all your new evidence.
- This evidence is submitted directly to the Board, not your local Regional Office.
- After these 90 days, the window closes permanently. You cannot add more evidence to your file while you wait for the judge’s decision.
How the Thanksgiving Holiday Creates a Trap
Let’s say your 90-day window to submit evidence ends on Friday, November 28, 2025 (the day after Thanksgiving).
- The Trap: You might assume that because Thursday was a federal holiday, you have an extra day. You don’t.
- The Problem: You call your private doctor’s office on Monday, November 24th, to get a final medical opinion. The office is busy, and the staff is thinking about the holiday. They don’t get you the letter by Wednesday. On Friday, the office is closed or running a skeleton crew.
- The Result: Your 90-day window slams shut, and your most critical piece of evidence—the one that could have won your case—is left out.
Your Pre-Holiday BVA Checklist
If your 90-day evidence window falls anywhere near Thanksgiving, Christmas, or New Year’s:
- Know Your Deadline: Find your BVA appeal paperwork and circle the 90-day deadline in red.
- Request Records NOW: Do not wait. Contact your private doctors, request your C-File, and reach out to buddies for letters today. Medical records offices and private practices are slow, and the holidays make them slower.
- Submit Evidence as You Get It: You don’t have to submit everything at once. You can upload new evidence to the VA’s online portal as you receive it.
- Aim for a “Buffer Week”: Set a personal deadline one week before the official 90-day deadline. This gives you a buffer for last-minute problems.
The BVA appeal process is long and complex. Don’t let a simple, preventable scheduling mistake like a holiday closure derail an appeal you’ve already waited months or years for.