(1) Format. In all cases where the Jurisdiction of Origin Authority (AOG) submits a form to summon a complaint as part of its decision, a notice of disagreement consists of a copy of this form completed and filed in a timely manner. VA will not accept any expression of discontent or rejection of a judicial decision of the original court and the wish to challenge the result presented in another format, including another form of VA, than a notice of disagreement. 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. (5) Alternative form or other communication. The introduction of an alternative form or other extended notification will not extend the time it takes to file a notice of disagreement in accordance with the dense19.52 A. or to delay tolls or other purposes. In particular, the time frame for submitting the appropriate form does not lengthen, prolong or delay the time it takes to submit the appropriate form, does not extend or delay the deadline, including a form to challenge another benefit.
NOD is defined as “a written communication of an applicant or his or her representative expressing dissatisfaction or displeasure with a judicial decision of the Agency or the jurisdiction of origin and the desire to challenge the result.” 38 C.F.R. No 20.201 (2012). Just as any good recipe requires you to use the right ingredients, notification goes to disagreement needs some “ingredients” to be an effective tool in your application going. 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.