Once a Veteran has completed the focal length form (NOD), make sure it is dated and signed by the Veteran, and then create a copy of the completed form for your file. Then be sure to send the original signed form by authenticated mail and request an acknowledgment that you can receive from any U.S. post office. The completed form should be sent to one of the two VA Central Inculcation Centres, P.O. Box 4444, Newnan, Georgia 30271-0020 or P.O. Box 4444, Janesville, Wisconsin 53547-4444. The evaluation decision contains an attached sheet entitled Where to Send Your Written Correspondence and you can find the right address to send your NOD based on the location of your residence. By sending the Disagreement Message (NOD) via authenticated email, confirmation back, you can verify accurately that the VA has actually received your notice of disagreement in a timely manner. Keep a copy of the green card that will be returned to you at the VA receipt and attach it to the copy of your NOD form in order to have a complete file of what you sent to the VA.
Of course, you always keep a copy of everything you send to the VA and everything you receive from the VA. The provisions of the NOD must be those that “can reasonably be construed as expressing their opposition to this determination and expressing the wish for an appeal review.” Id. The applicant cannot simply express his opinion. It must indicate a desire to request a review. In Gallegos v. Principi, 283 F.3d 1309 (Fed), the NDF was asked to express the wish for an appeal. Cir. 2002), cert.
The NOD filing period is one year. This means that an applicant must submit his NOD within one year of the date the VA communicated the adverse decision by e-mail. The date of the notification letter is considered the date of sending. In practice, do not wait until the last day of the one-year period to submit the NOD. 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. That`s no longer the case! Effective March 24, 2015, the VA requires that all disagreement decisions be submitted on a FORM VA 21-0958-ARE (NOD) attached here.
Our advice to all our experienced clients is to always use this new NOD form for all NODs that will be submitted by each Veteran to a VA decision from March 1, 2015 and for any time forward. Veterans must complete this form in full with specificity for all decisions and aspects of going-to-do with which they disagree, as stated in the rating decision. If they do not agree in time with every aspect of the decision, it means that the claim decision, if final and UNAPPEALABLE! b) cases in which the original jurisdiction does not provide form to appeal. A written notification of a plaintiff or his representative, expressing dissatisfaction or disagreement with a court decision of the home jurisdiction and the desire to challenge the result, constitutes a declaration of disagreement which relates to a right to benefits, in all cases where the original judicial authority does not present any form intended to summon an appeal. Communication on disagreement must be in a form which, reasonably, is null and forth with this