The conditions of the NOD must be those that « can reasonably be interpreted in such a way as to demonstrate a rejection of this provision and a desire for review of appeal. » Id. The applicant cannot simply disagree. It must authorize the desire to refer to an appel appel appele review. In Gallegos v. Principi, 283 F.3d 1309 (Fed), the obligation for the NOD to express the wish for an appeled review has been made. Cir. 2002), certificate refused, 537 U.S. 1701 (2002). (4) Specificity required by the form. If the Authority has informed the original court that decision-making decisions have been taken simultaneously on several issues, the specific findings with which the applicant disagrees must be identified to the extent that a form provided in accordance with paragraph (a) (1) of this section so requires. If the applicant wishes to challenge all the issues that have been decided by the home competent authority, the form must clearly indicate this intention.
Problems not mentioned on the form are not considered contested. (c) Claims contested simultaneously. The provisions of paragraph (b) of this Section shall apply to claims filed in claims simultaneously contested in accordance with Articles 500 and 501 (Articles 20.500 and 20.501 of this Chapter), regardless of whether a standardised form has been provided by the decision of the original competent authority. The NOD form contains blocks for any dispute matter (the medical conditions for which you claim), for example. B knee disorders or kidney stones. List only the terms of the NOD if you do not agree with the assessment. For example, if you have been assessed for three conditions and you disagree with only one decision, list only the decision with which you disagree. Then check the block that indicates what you don`t agree with (service link, rating level, or effective date).
(2) Provide the form to the applicant. If an applicant has created an online benefit account with VA or has provided an email address for the purpose of receiving messages from VA, VA may provide a complaint form in accordance with paragraph (a)(1) of this section electronically, whether by email, hyperlink or other instruction to the corresponding form in the applicant`s online benefit account. VA may also provide a form as defined in point (a)(1) of this section on paper. In the past, there was no VA form for a NOD, and the court read the plaintiffs` correspondence liberally. There was therefore no specific language as long as it expressed disagreement and the intention to request a review of appeal. But all this has changed to some extent with the adoption by the VA of new rules and necessary new forms. Applicants must now use Form VA 21-0958, which is a Notice of Disagree form. As a veterans` lawyer, I have serious concerns about the VA requirement that a veteran use a particular form to launch an appeal.