When a Veteran files a claim for disability compensation (and most other veterans benefits) and is denied those benefits by the Department of Veterans Affairs, the Veteran’s first step is to file a Notice of Disagreement (NOD).

The purpose of the Notice of Disagreement – or what is commonly called the “NOD” – is for a Veteran to let the Department of Veterans Affairs know that he or she disagrees with the Ratings Decision on the Veteran’s claim for disability benefits or other compensation.

Here is the statutory definition of a NOD, from 38 C.F.R. § 20.201:

“A written communication from a claimant or his or her representative expressing dissatisfaction or disagreement with an adjudicative determination by the agency of original jurisdiction and a desire to contest the result will constitute a Notice of Disagreement. While special wording is not required, the Notice of Disagreement must be in terms which can be reasonably construed as disagreement with that determination and a desire for appellate review. If the agency of original jurisdiction gave notice that adjudicative determinations were made on several issues at the same time, the specific determinations with which the claimant disagrees must be identified. For example, if service connection was denied for two disabilities and the claimant wishes to appeal the denial of service connection with respect to only one of the disabilities, the Notice of Disagreement must make that clear.”

Type of Form:Though the Notice of Disagreement (NOD) can be filed on any form, it is most commonly filed on the VA Form 21-4138.  Though you can send a NOD on any Form, if you use something other than VA Form 21-4138 it is highly recommended that you write “Notice of Disagreement” in large, bold, black letters over the top of your letter to the Department of Veterans Affairs.  I have seen some VA Regional Offices (VARO) accept a NOD written on the back of an envelope, and I have seen other VA Regional Offices (VARO) refuse to accept a NOD unless it is written on VA Form 21-4138.

Content: Two specific things need  to be in the Notice of Disagreement (NOD): the Veteran needs to let the VA know that he disagrees with the decision of the VA Regional Office, and the Veteran needs to know that he intends to appeal the decision. I have found it helpful for the Veteran to identify what part(s) of the Ratings Decision he or she disagrees with and why.  Here is a Sample Notice of Disagreement – VBA-21-4138 that a Veteran might file with the VARO.  Notice that the first paragraph specifically lists the issues decided in the Ratings Decision and VA Letter denying the claim; the other four (4) paragraphs are standard language that ensure that the VA is on notice that all issues are being challenged.

Timeline: The Veteran has one (1) year from the date of the Ratings Decision Letter to file the Notice of Disagreement (NOD).  There are some reasons why you would want to file a NOD earlier than that one year deadline, and there are some reasons that you would want to wait. One reason to wait is to hold out for the possibility of a change in the law (only if it is clear that your case will likely continue to be denied by the BVA).  Another reason to wait is to give the Veteran time to factually develop the case by finding additional evidence, consulting with medical experts, securing medical expert opinions, etc.  Every case is different, and so a cookie-cutter approach cannot be applied to Veterans benefit claims.

It is very important that we note that each and every Veteran’s claim is different. Just because we were able to secure substantial past-due benefits for this Veteran does not mean or imply that we will be able to do so for you.   In some cases, we may not be able to secure you any financial compensation due to the facts of your particular case.

It is best to consult with a attorney familiar with VA Benefits and Disability claims and benefits or a Veterans Service Organizationto examine your particular case.

If you would like to discuss your VA claim with a lawyer who handles VA Benefits and Disability Appeals, contact the Attig Law Firm, PLLC, for a free consultation with a VA Benefits attorney.