When a hearing request is withdrawn on an appeal that is docketed with the Board of Veterans' Appeals, the case does not go straight to a Veterans Law Judge (VLJ) for a decision. Under 38 CFR 20.1304, once an appeal is certified to the Board (or, in this context, once the hearing request is withdrawn and the case is treated as ready for the merits), there is a 90-day window during which you, your representative, or an accredited Veterans Service Organization (VSO) can still submit additional evidence or written argument. This period exists specifically so that veterans are not rushed into losing the chance to strengthen the record after they decide not to pursue a hearing.
During those 90 days, nothing else is required of you unless you or your representative choose to act. If you have new evidence, a nexus letter, additional buddy statements, or legal argument you want considered, this is the window to submit it. If you do nothing, the case simply waits out the 90 days and is then forwarded to a VLJ for review and decision on the existing record.
Official 2026 VA monthly compensation, including the 2.8% COLA increase.
Dependent add-ons start at a 30% rating. Child-only and dependent-parent rates: see the full 2026 pay chart.
| Rating | Monthly (2026, incl. 2.8% COLA) |
|---|---|
| 10% | $180.42 |
| 20% | $356.66 |
| 30% | $552.47 |
| 40% | $795.84 |
| 50% | $1,132.90 |
| 60% | $1,435.02 |
| 70% | $1,808.45 |
| 80% | $2,102.15 |
| 90% | $2,362.30 |
| 100% | $3,938.58 |
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Analyze my claim free →Regarding whether a VSO will contact you before requesting more time: practices vary by organization and by how actively they are managing your file. Some VSOs proactively review pending appeals and reach out before the 90 days run, others may not contact you unless you reach out first. There is no fixed, universal amount of extra time that VSOs request — if additional time is needed to gather evidence or complete an argument, they will typically request a short additional period from the Board, but the length is not standardized and depends on the specific case and the VSO's workload.
After day 91, if no further submissions have been made, the case is generally considered ready for a decision and is assigned to a VLJ in the order it comes up in that docket. Assignment to a VLJ does not mean an immediate decision — actual decision timing depends on the judge's caseload and cannot be predicted with any specific timeframe.
The concrete next step is to contact your VSO or representative directly now, confirm whether they intend to submit any additional evidence or argument during the 90-day window, and if you have any new evidence yourself, submit it as soon as possible rather than waiting to see if the VSO acts first.
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