Understanding the time limits for submitting evidence to the VA helps you avoid missing deadlines that could affect your claim outcome.
When you file a claim, you can submit evidence at any time while the claim is pending. There is no hard deadline for adding evidence to an open claim. However, the VA can make a decision once it has completed development, so submitting evidence early is always better.
When the VA sends you a development letter requesting evidence, you are given at least 30 days to respond. The VA generally should not make a decision before this period expires unless you tell them to go ahead. Some letters specify a 60-day response window.
For supplemental claims, you must submit new and relevant evidence with your filing. There is a one-year window from the date of the decision you are challenging to file the supplemental claim while preserving the original effective date. After one year, you can still file but the effective date resets to the new filing date.
For higher-level reviews, you cannot submit new evidence — the review is limited to the evidence already in the file. You must file within one year of the decision.
For appeals to the Board of Veterans Appeals, the evidence submission rules depend on which docket you choose. The direct review docket does not allow new evidence. The evidence submission docket allows you to submit new evidence within 90 days. The hearing docket allows evidence submission up to and during your hearing.
If you need more time to gather evidence while your claim is pending, you can inform the VA that evidence is forthcoming. While this may delay the decision, it prevents the VA from deciding the claim without evidence you are actively working to obtain.
The most important deadline to remember is the one-year appeal window. If a decision is issued and you do not take action within one year, the decision becomes final. After that, your options are limited to a supplemental claim with new evidence or a claim of clear and unmistakable error.
Note: This article references sections of the VA's M21-1 Adjudication Procedures Manual. The VA periodically reorganizes the M21-1 and section numbers may have changed since this article was written. For the most current section references, visit the VA's public M21-1 Web Automated Reference Material System (WARMS).