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. (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. 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 applicant must submit the DNO to the DEA agency that forwarded the decision. See 38 C.F.R. 7105. If the applicant`s case has been transferred to another regional office, the applicant must file his NOD with the DOSSIER RESPONSABLE OFFICE. See 38 C.F.R.

20.300 (2012). If there is a refusal with respect to the right to treatment of a DE medical facility, then the applicant must make his NOD at the VA Medical Center, which made the provision with a copy to the corresponding OR. (4) Specificity required by form. Where the original jurisdiction has notified that judicial decisions have been made simultaneously on several issues, the specific findings to which the applicant disagrees must be established to the extent that a form covered in paragraph A) (1) of this section requires it. If the applicant wishes to challenge all the issues decided by the original court, the form must clearly state that intention. Problems that are not mentioned on the form are not considered to be in dispute. 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. 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.