Tuesday, June 19, 2012

How to Write a Notice of Disagreement for the VA

A Notice of Disagreement is used when the VA gives you a decision on a compensation claim for service connected disability that you disagree with. Though your NOD does not need to be in a specific format, including certain information and structuring your NOD in a particular way will increase your chances of having your letter considered.

Read Title 38 of the Code of Federal Regulations. This title covers Pensions, Bonuses and Veteran's Relief. Sections 4.1 through 4.150 cover the Schedule For Rating Disabilities. You cannot argue your case if you don't have the facts or understand what they are looking for.

Seek representation. The cases where a veteran is represented by a Veteran's Service Organisation have a higher success rate than those that do not. The VA provides a listing of VSO's by name and location.

Make sure your NOD says "Notice of Disagreement" in a larger font on the top of the page. Do not assume that they will infer that it is a NOD. Ensure your name and VA file number are on the top of every page you send.

Be specific in what you are disagreeing with. If you disagree with the rating percentage, state what percentage they awarded you, why you disagree and what you feel the rating should be. Support your statement. This is where the Schedule For Rating Disabilities comes in handy. There should be a separate section for each aspect of the decision that you are disagreeing with.

Request a review from a Decision Review Officer. These are local review officers who are at the regional office that gave you your rating. It doesn't cost anything, and you may get the answer you were looking for without having to send your packet to Washington.

Dispute the DRO's decision if you still disagree. You typically have 60 days to do so after you have received a Statement of Case, which is basically the DRO's decision. Fill out VA Form 9.

Attend a hearing with the Board of Veterans Appeals. This hearing can be in person or via video conference.

Your initial claim should be for all your combined problems.

Make sure everything you put in the case and your NOD is completely factual. Trying to inflate things to the VA will not only get your claim denied, but may subject you to civil or criminal penalties for fraud.


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