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. 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. «A written notification from an applicant or his representative, expressing dissatisfaction or disagreement with a judicial decision of the original court and the desire to challenge the result, constitutes a notice of disagreement. While there is no need to formulate any particular wording, communication on the disagreement must be made in a form that can reasonably be construed as a nullity with that provision and as a desire to review the appeal. Where the original jurisdiction has indicated that judicial decisions have been made simultaneously on several issues, specific findings with which the applicant disagrees should be established. Yes, for example. B the service link was refused for two disabilities and the applicant wishes to challenge the denial-of-service link only with respect to one of the disabilities, the communication of disagreement must specify this. Yet, as a veteran lawyer with a disability, there are some basic tips I would give.
If there are several questions, the applicant must determine exactly with which decisions he disagrees. For example, if the rating decision rejected claims about PTSD, low-walking disorder and bilateral hearing loss, and the Veteran wanted to appeal the PTSD application, he or she must expressly state that he wishes to appeal only the PTSD application. 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.