If you received a letter from the Department of Veteran Affairs (VA) denying your application for VA disability benefits before February 19, 2019, you must file a Notice of Disagreement (NOD) to appeal their decision. You would also file a NOD if the VA approved your application, but their rating of your disability was wrong. If you received a denial on or after February 19, 2019, you must follow a new process to file an appeal.
What Is a Notice of Disagreement?
A Notice of Disagreement is a VA form that must be completed to begin the appeal process. This Notice should be provided to you by the VA when they send you a decision on your application.
The deadline to file the NOD is one year from the date of the VA’s notification letter to you.
Tips on Filing Your NOD
If you want to receive a favorable decision, you need to complete the NOD properly. Here are seven tips you should follow:
- Use the correct VA form. This form is VA 21-0958 “Notice of Disagreement.”
- Do not miss the one-year deadline to file the NOD.
- Select whether you want a Decision Review Officer Review (DRO) or a Traditional Appellate Review. An experienced VA disability lawyer can advise you which option is best for you.
- Be specific on what decisions of the VA you disagree with and why.
- Include any additional supporting evidence that supports your right to VA disability benefits and refutes the VA’s decision denying your application.
- Retain a skilled attorney as soon as possible to help you file your NOD and collect all the evidence you need to be successful.
- Keep a copy of your NOD and any supporting documents for your records.
Are you considering filing an appeal of the VA’s decision to deny your application for disability benefits? Call our Roswell office to schedule a free consultation with a member of our legal team to get your questions answered and learn how we can assist you.