(a) In computing the time limit for any action required of a claimant or beneficiary, including the filing of claims or evidence requested by VA, the first day of the specified period will be excluded and the last day included. This rule is applicable in cases in which the time limit expires on a workday. Where the time limit would expire on a Saturday, Sunday, or holiday, the next succeeding workday will be included in the computation.
(b) The first day of the specified period referred to in paragraph (a) of this section shall be the date of mailing of notification to the claimant or beneficiary of the action required and the time limit therefor. The date of the letter of notification shall be considered the date of mailing for purposes of computing time limits. As to appeals, see §§ 19.52, 20.203, and 20.110 of this chapter.
(Authority: 38 U.S.C. 501)
[55 FR 13529, Apr. 11, 1990, as amended at 58 FR 32443, June 10, 1993; 84 FR 168, Jan. 18, 2019]
Notes of Decisions
Cited in
3
cases (
1 in the last 5 years), 1993–2026 · leading case:
Rowell v. Principi, 4 Vet. App. 9 (Vet. App. 1993).
Rowell v. Principi, 4 Vet. App. 9 (Vet. App. 1993).
“” The computation of the time limit is further clarified in 38 C.F.R. § 3.110 (1991), which provides in part: (a) In computing the time limit for any action required of a claimant or beneficiary, including the filing of claims or evidence requested by VA, the first day of the…”
Cox v. West, 12 Vet. App. 522 (Vet. App. 1999).
“§ 5104 requires the Secretary to provide notice of a BVA decision and because 38 C.F.R. § 3.110 (a) (1998) provides that the first day of a particular period “shall be the date of mailing of notification to the claimant”, the date of the BVA decision becomes the date that the…”
Stephanie Ortega v. Douglas A. Collins (Vet. App. 2026).
· cites it 4× “Ortega suggests that such a notice requirement is found in 38 C.F.R § 3.110, which says that the period for taking any action required of a claimant shall run from the date that VA sends a claimant notice of that required action.”
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