For any Disabled Veteran applying for disability benefits, the first step in the appeal process, as soon as an applicant receives a negative decision, is to file a notice of disagreement (“NOD”). The filing of a NOD is necessary to initiate the appeal procedure. See 38 C.F.R. 20.201 (2012). Your next step is to either give up or appeal. If you wish to appeal, you would like to file a Notice of Disagreement (NOD). In our first video, we gave an overview of the entire system. From this point of view, we will focus on the new appeal process that will take place at the regional office, known as THE OR, in which you will file your application. This is the new layout of the VA Appeals system. Once a first decision has been made, the Veteran has three options to move the claim around.
Another additional claim, verification at a higher level or a complaint to the Veterans` Appeal Council. The next option is to check at a higher level. Within one year of the decision, an applicant may request a review at a higher level. You can request that it be located in the same OR or in another OR. No new evidence should be provided. The review is from Novo, which means that the new decision maker is not related to what the old one has decided. The notification of the review decision at a higher level contains a statement indicating whether evidence has been provided and unverified, as well as the options for verifying that evidence. Don`t fall into the trap – many VSOs will tell you to ask for a thought again instead of talking to you – find out why it`s a trap for veterans and how many veterans who fall into it will end up putting money in the toilet. In our second video, we gave an overview of the Regional Office (RO) system. In this video, we will focus on this appeal process that takes place at the Board of Veterans` Appeals (BVA).
The key to the BVA process is communication on disagreement (NOD). With the old NOD, the veteran could only appeal within the OR. Now, a NOD brings the veteran directly to the BVA. The NOD gives the Veteran three options to keep the claim running at the BVA. “A written notification from an applicant or his representative, expressing dissatisfaction or disagreement with a judicial decision of the original court and the desire to challenge the result, constitutes a notice of disagreement. While there is no need to formulate any particular wording, communication on the disagreement must be made in a form that can reasonably be construed as a nullity with that provision and as a desire to review the appeal. Where the original jurisdiction has indicated that judicial decisions have been made simultaneously on several issues, specific findings with which the applicant disagrees should be established. Yes, for example. B the service link was refused for two disabilities and the applicant wishes to challenge the denial-of-service link only with respect to one of the disabilities, the communication of disagreement must specify this.
Click on the video to learn more about changes to the VA appeal procedure for VA benefits. Historically, there was no VA form for a NOD and the Court applied a liberal reading to the complainants` correspondence. As such, there was no specific language as long as it expressed disagreement and intended to seek an appeal review. But all of this has, to some extent, changed with the va`s adoption of new regulations and necessary forms. Applicants must now use Form VA 21-0958, which is a form of disagreement. As a veteran-disabled lawyer, I have serious concerns about the requirement that a Veteran must use a particular form to file a VA complaint.