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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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What Is The Difference?

Question

Im not sure what the difference is between a NOD.. whatever that stands for.. and a Appeal?? I do not know which one i should use for denials? If i got a diagnosis in the military will that be good enough for service con,or do i have to get a diagnosis out of the military?If i got service con. but do not agree with 0% how can i fix it? They said when i have my headaches i dont lay down but i do and i told the Dr's when i got out and they put it in the report that i lay down so i don't understand?? Can anyone please help me understand this better. thank you

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5 answers to this question

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Im not sure what the difference is between a NOD.. whatever that stands for.. and a Appeal?? I do not know which one i should use for denials? If i got a diagnosis in the military will that be good enough for service con,or do i have to get a diagnosis out of the military?If i got service con. but do not agree with 0% how can i fix it? They said when i have my headaches i dont lay down but i do and i told the Dr's when i got out and they put it in the report that i lay down so i don't understand?? Can anyone please help me understand this better. thank you

To the best of my knowledge, and I will confine my reply to the NOD part.

NOD is a Notice of Disagreement with a decision the VA made with a claim you submitted, about a year ago probably, and can be a request for reconsideration on a 21-4138, then the VARO will reply with your options from there, which are:

1. Normal Appeal Procedure

2. DRO Process (Decision Review Officer)

The rest I will leave to others that may have a better experience to provide you more accurate guidance.

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Im not sure what the difference is between a NOD.. whatever that stands for.. and a Appeal?? I do not know which one i should use for denials? If i got a diagnosis in the military will that be good enough for service con,or do i have to get a diagnosis out of the military?If i got service con. but do not agree with 0% how can i fix it? They said when i have my headaches i dont lay down but i do and i told the Dr's when i got out and they put it in the report that i lay down so i don't understand?? Can anyone please help me understand this better. thank you

I wish someone would address this precisely. It would be helpful for many i am sure. I thought a NOD (Notice of Disagreement) was just a catch all name for Request for Reconsideration, which would lead the VA to inquire as to which process you chose:

DRO-Decision Review Officer

or

"Normal Appeal Process" Whatever that is?

That is what was presented to me and I was advised by the DAV rep to select the DRO

I did that and of course they acknowledged my choice of DRO then totally ignored it thereafter.

But in fact I do not know exactly what a NOD is either. In particular what form 21-4138?

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Filing a NOD begins the Appeals process.

Here's a link.

http://www.warms.vba.va.gov/M21_1MR.html

Study this section:

M21-1MR - Chapter 5 - Appeals

Chapter 5 - Appeals, Updated 8/19/05

Table of Contents - Updated 6/19/06

Section A - General Information on Appeals, Updated 8/19/05

Section B - Notice of Disagreement (NOD), Updated 4/25/07

Section C - Decision Review Office (DRO) Review Process, Updated 6/19/06

Section D - Statement of the Case (SOC) and Supplement Statement of the Case (SSOC), Updated 6/19/06

Section E - Filing a Substantive Appeal, Updated 6/19/06

Section F - Docketing Certification and Claims Folder Transfer, Updated 4/25/07

Section G - Board of Veterans Appeals (BVA) Decisions and Remands, Updated 8/19/05

Section H - Board of Veterans Appeals (BVA) Hearings, Updated 8/19/05

Section I - Court of Appeals for Veterans Claims (CAVC), Updated 8/19/05

Section J - Special Appeal Issues and Cases, Updated 8/19/05

Section K - Veterans Appeals Control and Locator System (VACOLS), Updated

Edited by carlie

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Filing a NOD begins the Appeals process.

Here's a link.

http://www.warms.vba.va.gov/M21_1MR.html

Study this section:

M21-1MR - Chapter 5 - Appeals

Chapter 5 - Appeals, Updated 8/19/05

Table of Contents - Updated 6/19/06

Section A - General Information on Appeals, Updated 8/19/05

Section B - Notice of Disagreement (NOD), Updated 4/25/07

Section C - Decision Review Office (DRO) Review Process, Updated 6/19/06

Section D - Statement of the Case (SOC) and Supplement Statement of the Case (SSOC), Updated 6/19/06

Section E - Filing a Substantive Appeal, Updated 6/19/06

Section F - Docketing Certification and Claims Folder Transfer, Updated 4/25/07

Section G - Board of Veterans Appeals (BVA) Decisions and Remands, Updated 8/19/05

Section H - Board of Veterans Appeals (BVA) Hearings, Updated 8/19/05

Section I - Court of Appeals for Veterans Claims (CAVC), Updated 8/19/05

Section J - Special Appeal Issues and Cases, Updated 8/19/05

Section K - Veterans Appeals Control and Locator System (VACOLS), Updated

Thank you for that definitive response. I think I can resolve some of my issues with this.

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A NOD (notice of disagreement) is just a statement notifying the VA that you disagree w/their decision and why. It should be your "brief" stating why you disagree and should include any additional evidence, you may have. You can research both Board of Veterans Appeals(BVA) and the Court of Appeals for Veterans Claims(CAVC) cases, on-line, and find cases like yours that may help you present and win your claim. Anytime additional evidence is presented you can request an additional decision, prior to going thru the appeals process.

pr

I wish someone would address this precisely. It would be helpful for many i am sure. I thought a NOD (Notice of Disagreement) was just a catch all name for Request for Reconsideration, which would lead the VA to inquire as to which process you chose:

DRO-Decision Review Officer

or

"Normal Appeal Process" Whatever that is?

That is what was presented to me and I was advised by the DAV rep to select the DRO

I did that and of course they acknowledged my choice of DRO then totally ignored it thereafter.

But in fact I do not know exactly what a NOD is either. In particular what form 21-4138?

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