This is no longer the case! With effect from March 24, 2015, the VA requires that all notifications of disagreement be submitted on a form VA 21-0958-ARE (NOD) attached here. Our advice to all our experienced clients is to use THIS NEW NOD form always for ALL NODs submitted by a veteran to a VA decision from March 1, 2015 and forever. Veterans must complete this form in detail, with specificity regarding all decisions go and the aspects with which they disagree, as indicated in the scoring decision. Failure to agree in a timely manner with any aspect of the decision means that the claim decision is final and non-execable! Before the VA announced this change, it was enough earlier with a simple letter to the VA entitled “Notice of Disagree”. I have already published on our blog information about what a notice of disagreement looked like before this change. The deadline for filing the DNO is one year. This means that an applicant must submit their NOD within one year from the date on which the VA notified the negative decision. The date of the termination letter is considered the date of shipment. In practice, do not wait until the last day of the one-year deadline to submit the NOD. 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. The time limit for filing a Notice of Disagrement (NOD) is very important; it is within one year from the date of sending the notification goes to the Veteran/applicant of the negative decision. The date on which the Veteran/applicant is informed of the decision is considered to be the date of dispatch of the notification. As a result, for a veteran/applicant who is trying to collect their disability benefits goes, it is absolutely essential that a Notice of Disagreement (NOD) be filed as soon as possible. If the one-year limitation period for filing a Notice of Disagreement (NOD) is not met, the Veteran/Claimant cannot pursue this claim on appeal. In other words, if the deadline is not met, the decision of the regional office becomes final and without jurisdiction. It is therefore absolutely essential that anyone wishing to lodge an appeal for refusal from the regional office files their disagree notice (NOD) as soon as possible after receipt of the initial decision and, in any event, no later than one year after the date of the letter. . .