When Should You File A VA Notice of Disagreement?

Ferguson & Ferguson

Attorneys at Law

January 17th, 2021

Man with Laptop

Man with laptop

Most veterans hope for a positive response after filing a claim for disability compensation. Find out here how to file this form. But the answer that arrives from Veteran Affairs is often disappointing. Claims are often rejected – you might be assigned a lower rating, or you get inadequate compensation. Whatever the reason, the VA always gives you the option of an appeal.

The next step is to file the notice of disagreement. It allows disabled veterans to seek reasonable changes to previous decisions. There are many reasons for you to file an appeal to a notification you received. These include but are not limited to a separation or discharge, an eligibility question, or a case of a mistaken belief.

Take Your Time

Once the Veteran Affair has decided on your claim, in most cases, it’s based on concrete evidence. In a large percentage, things like ratings and compensation amounts are precisely determined. When the VA informs you of the decision, it allows you to appeal.

You have one year from the date of the decision, not receiving the notice. You won’t wait that long, but take the time to study VA reply well. They usually explain each issue in detail, so you can see based on which they made the decision.

Suppose you feel that you have provided insufficient documentation when submitting your claim. In that case, the NOD is your chance to correct this and seek fair compensation.

How to File NOD

Nowadays, there are two options to make an appeal to VA reply: filing the form you got along with the VA reply or electronically using the proper apps at the government site. Also, you can download forms from the Internet and send them through regular mail.

Make sure to include all relevant details and information about your health condition. If the VA thinks it’s not service-connected (in most cases, that’s a reason to get lower ratings or cancel certain benefits), you must show them how you feel about their decision. Of course, you will do this formally, in written or digital form.

Why do you need to file a VA notice of disagreement electronically? Many people these days prefer electronic forms rather than any paper. That can significantly speed up and ease the process. If you’re worried about submitting the paper forms, an electronic notice form is your thing. Finally, your appeal will get to the right place much faster than if submitted by snail mail.

Choose the Decision Maker

You can decide between a decision-making officer or a traditional revision procedure. It’s best to consult with experts from the Veterans Service Organization. In principle, there is not too much difference in the process itself.

In the traditional audit procedure, the audit body reviews the documents you provided. It seeks evidence on whether the previous judgment was mistaken. They usually don’t have any contact with you. On the other hand, the DRO may reach you in case of any questions or concerns. It may also schedule an additional test to review the last decision.

Documents to Support NOD

Glasses

Glasses

When you file the NOD, it’s a matter of including everything you missed when you initially filed the claim. The VA won’t process your appeal until you provide all required and additional documentation. It means that if you want to appeal for more benefits, you need to add something to your original claim.

To file your notice online, you have to attach the necessary documents in the correct category. For example, if you are filing a disability claim for a physical injury, include a copy of all medical reports related to your condition. A letter from your doctor about your disability will do, too. Make sure to attach these documents even if you’re filing for unemployment benefits because you are disabled.

If you claim undue benefits due to your service as a veteran, include a copy of your discharge papers. You should also provide bank statements, tax returns, copies of pay stubs for the past two years, and so on.

On the source below, see the list of benefits veterans are enlisted to:
https://www.military.com/benefits/veteran-benefits/veterans-benefits-explained.html

If you served the country, you have all the rights to expect a fair connection with your homeland. The purpose of VA is not dissatisfaction of disabled veterans but fair decision-making. Notice of disagreement is a great way for VA to hear you, especially if you have solid reasons to think you’re damaged.