Betrayed & Others

[carlie]

This may have been posted before - but I do not remember seeing it. This comes from

M21-1MR and I feel it could affect many claims that are on appeal. It may not seem so important to others but it sure gave my brain a little slap. I have never paid attention to the NOTE they have at the bottom - I enlarged it so it would really stand out.

Please give opinions on this specific note dealing with formal hearings, informal confrences and

statements contained in the transcripts that qualify as a NOD.

Hope this helps many vets.

carlie

From M21-1MR -- PART 1 -- Chapter 5

Section B. Notice of Disagreement (NOD)

a. Definition: Notice of Disagreement (NOD) A notice of disagreement (NOD) is a written communication from a claimant or his/her representative expressing

· dissatisfaction or disagreement with a decision, and

· a desire to contest the result.

Although no specific wording is required in the NOD, it must be in terms that can be reasonably interpreted as a disagreement with a decision and a desire for appellate review.

Note: A transcript of either a formal hearing or informal conference containing an expression of disagreement fulfills the requirement that the statement be “in writing.”

Reference: For more information on what constitutes an NOD, see 38 CFR 20.201

Edited January 19, 2008 by carlie