38 C.F.R. § 20.110

Rule 110. Computation of time limit for filing

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(a) Acceptance of postmark date. When these Rules require that any written document be filed within a specified period of time, a response postmarked prior to expiration of the applicable time limit will be accepted as having been timely filed. In the event that the postmark is not of record, the postmark date will be presumed to be five days prior to the date of receipt of the document by the Department of Veterans Affairs. In calculating this 5-day period, Saturdays, Sundays and legal holidays will be excluded.

(b) Computation of time limit. In computing the time limit for filing a written document, the first day of the specified period will be excluded and the last day included. Where the time limit would expire on a Saturday, Sunday, or legal holiday, the next succeeding workday will be included in the computation.

(Authority: 38 U.S.C. 7105) [57 FR 4109, Feb. 3, 1992. Redesignated and amended at 84 FR 182, Jan. 18, 2019]

Notes of Decisions

Cited in 2 cases (2 in the last 5 years), 2024–2026 · leading case: Rodgers v. McDonough (S.D. Ill. 2024).

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Rodgers v. McDonough (S.D. Ill. 2024). “§ 705 ; (6) the VA Officers willfully made material misrepresentations of fact and willfully excluded evidence; (7) the VA Officers violated 38 C.F.R. § 20.110 ; 28 U.S.C. § 7104 , and 38 U.”

Stephanie Ortega v. Douglas A. Collins (Vet. App. 2026). “110 applies to an NOD under the AMA and how that regulation interplays with 38 CF.R. § 20.110, which provides for the computation of time for filing "any written document" with the Board.”

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