Disagreement Notice

Disagreement Notice

In the past, there was no VA form for a NOD, and the court read the plaintiffs` correspondence liberally. There was therefore no specific language as long as it expressed disagreement and the intention to request a review of appeal. But all this has changed to some extent with the adoption by the VA of new rules and necessary new forms. Applicants must now use Form VA 21-0958, which is a Notice of Disagree form. As a veterans` lawyer, I have serious concerns about the VA requirement that a veteran use a particular form to initiate a va appeal. If a Veteran has been denied VA disability benefits, they should not be affected by the inability to receive the appropriate form to appeal their VA refusal. (4) Specificity required by the form. If the Authority has informed the original court that decision-making decisions have been taken simultaneously on several issues, the specific findings with which the applicant disagrees must be identified to the extent that a form provided in accordance with paragraph (a) (1) of this section so requires. If the applicant wishes to challenge all the issues that have been decided by the home competent authority, the form must clearly indicate this intention. Problems not mentioned on the form are not considered contested. The applicant must submit the NOD to the VA body that sent the notification of the decision.

See 38 C.F.R. § 7105. If the applicant`s case has been transferred to another regional office, the applicant must file their NOD with the OR, which is responsible for the file. See 38 C.F.R. § 20.300 (2012). If there has been a refusal regarding the right to treatment by a medical institution va, the applicant must send his NOD to the VA MEDICAL CENTER which made the decision with a copy to the corresponding OR. As soon as you submit the Notice of Disagreement, you will receive a confirmation letter from VA. This letter allows you to select VA`s traditional appeal procedure or the Decision Review Officer (DRO) appeal procedure. The NOD is defined as a “written communication from an applicant or his representative expressing dissatisfaction or rejection of a judicial decision of the Agency or the court of origin and expressing the wish to challenge the result”. 38 C.F.R. .

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