You have received notice that your veterans’ disability claim has been denied or you have a disagreement with a key component of your claim such as your disability rating or effective date.
After reviewing why your claim was denied—or the specific issue with which you disagree—you need to send in a Notice of Disagreement (NOD) to begin the appeals process. You may file a NOD if, for example, you disagree with the determination about:
- The service connection
- The effective date of your award
- The evaluation of your disability
Although you have up to one year from the date on your claim decision letter, it is best to send your Notice of Disagreement as soon as possible. Here’s what you need to know:
- You should complete the Department of Veterans Affairs Standard Notice of Disagreement form. The use of the form is mandatory.
- You must fill out the form truthfully and completely. This includes any supporting documentation you provide with your NOD.
- You have the right to get help before you submit your NOD. You may contact the Department of Veterans Affairs or you may contact your own disability lawyer for assistance.
- When you are ready to submit your NOD, make sure that you sign it, date it, and keep a copy of it.
Your Notice of Disagreement is simply the first step in the veterans’ disability benefits appeals process.
There Will Be More to Do
After submitting this letter, your VA office will create a Statement of the Case (SOC) and request that you fill out VA Form 9 to officially continue with the appeal. One of our veterans’ disability attorneys can assist you through each of these steps to ensure that you are treated fairly, that your evidence is heard, and that your case moves as quickly as possible so that you can get the fair benefits you deserve. To learn more, please start a live chat with us and schedule a meeting to discuss your options and to make sure all of your rights are protected.
by Paul B. Burkhalter Managing Partner of Morgan & Weisbrod, Board Certified in Social Security Disability Law.