A notice of disagreement is the form you must submit to indicate that you do not agree with VA`s assessment decision and that you wish to appeal. Many veterans have to submit a notice of disagreement, because it is quite common that the initial rating decision you receive from VA will be wrong in one way or another. 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). 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. If a Veteran has been denied AV disability benefits, he or she should not be affected by the inability to obtain the correct form to appeal his refusal of the VA. If a Veteran has been denied compensation and wishes to file a complaint, the first step is to disclose the disagreement. If an applicant is unsure what to do next, we would encourage them to seek a VA lawyer to help them obtain disability benefits. Once the NWW has been filed and the appeal proceedings commenced, it is advantageous to present additional arguments and evidence. In general, as lawyers, we are involved in claims after the NOD is filed, and the claims files have not been properly developed. A full review of the file is therefore required and additional evidence is obtained. The nature of the evidence required is generally determined by the reason for the initial refusal. If, for example.B. the medical records of the service find an event in service and the Veteran has a current disability, then the refusal will be based on the absence of a medical link. Therefore, counsel should seek appropriate medical advice on the Nexus issue.
Additional evidence should be presented with an argument. Persuasive arguments and additional evidence could lead the VA to change the denial of benefits. The purpose of the NOD is for a veteran to tell the VA that he or she does not agree with the rating decision regarding the Veteran`s right to disability benefits or other benefits.