Mandatory? - New Notice Of Disagreement, Va Form 21-0958

[JamesPT]

Does anyone know whether it is mandatory to use the new NOD VA Form-21-0958. It's a type written NOD letter still valid in appealing a decision?, are letters no longer accepted by the VARO. I have always appealed via letters, never had any issues. Just my opinion, but I find this new form a bit of a pain to fill out. The form just seems to limit you in writing\explaining ones disagreements with their claims denials. I finished writing an NOD letter but upon reviewing their letter I noticed in the SSOC the statement to download the new NOD form. Advice, opinions are appreciated. Thanks.

Jim

[FormerMember]

The VA has never had a policy whereby they will only accept evidence on their forms. They would love it if we were forced to use them all but to date, no dice. Read a 21-0958 closely and see if you spot the problem. Notice Part II in telephone contact. If you are legally represented by an attorney, he should be the one talking, not you. That's against the law in fifty states to upstage your mouthpiece. Miranda anyone? If you wish, fill out the first twelve blocks and then check box 16B yes and attach your standard form SF8.5X11(white) to the 21-0958 with your contentions. I like to put a Tickle Me Elmo sticker in the upper right corner of my filings these days.

By the same token, look at a DBQ and show me where the box is for a nexus statement from your doctor to tie your disease to service. Whoops. They forgot it. USB Hickey said they'd use the current ones up until they ran out and then reprint more with the space added to Rep. Filner last year. Only problem is it's electronic, not a paper form. Still no slot for the opine.

A

clear prop

[Fat]

I don't think its mandatory, but probably easier for the VA in terms of continuity and the ability to upload to the system.

If you are having trouble accessing the form, visit your VSO and get help.

Never give them a reason to halt and deny your claim.

[Vync]

Unfortunately, I think the VA is probably going to be on this route. As it is, they have the long ass DBQ's which ask questions that are 80% not related to the rating tables and literally intimidate doctors into not using them. If you turn in your claim on a DBQ, they say it will be processed faster. It's how things like this star. I can see the benefit of having commmon forms, but it is only a matter of time before they start forcing us to use them.

[FormerMember]

And voila! Just like that. The duty to assist just went up in smoke. You are now responsible for getting the info to us if you even hope to win. We expect you to go to hospitals and other medical clinics and retrieve your records. You must coerce doctors to fill out these long-winded DBQs that Vync points out do little to illuminate your condition in words. Words are what the Diagnostic Codes use to rate you. No nexus? No problem. Fortunately for Vets, every RO comes equipped with a VA Examiner who is prescient and trained in all medical arts- both mental and physical. (http://asknod.wordpress.com/2014/07/31/cavc-traore-v-gibson-greenberg-the-merciless/).

They will gladly provide that IMO that you so desperately need to win (or lose) any claim. How thoughtful of them.

[john999]

I think if the VA forces vets to use only their official forms it will disadvantage many older vets, housebound vets and poor vets. Anyone who has trouble getting these official forms or has trouble filing them out is at a disadvantage. IRS gives people more help than the VA. The vet community should not accept this because soon the informal claim will be gone if we let this stuff happen. The VA has taken over the DX of PTSD when this is an outrageous abuse of vets who have private doctors who have diagnosed them with PTSD. Yes, the VA is looking for ways to cut future compensation costs. They will use any backhanded way to do it they can get away with so they can slide under radar of congress. The VA cannot be trusted to do anything. They cheat, lie and misrepresent the facts to CYA and to get those bonuses. They need a watchdog outside of the VA food chain. The VSO's are supposed to be doing this, but they are house pets of the VA.

[VetlawUS]

As of right now - August 4, 2014 - the VA Form 21-0958 is not mandatory.....it is, however, "strongly encouraged".

Why? Because this form allows the BureaucRATs at the VA to more easily type your disagreement basis into the VBMS system (through which all claims are eventually going to be processed - its just a big insurance claims case manager).

There are 2 things you want to keep in mind when filing a NOD on VA Form 21-0958:

1) I have found that NODs and DROs are processed more quickly using this form.

2) There is not enough room on the form to properly argue your case....which I believe is essential to prevailing at the DRO level. If you can't make your case to the DRO in writing, then the DRO may not even hold a formal or informal conference.

What we do at my firm is, anywhere they try to restrict our ability to communicate in the 21-0958, include the phrase "Please see continuation pages # through #, incorporated by reference as if appearing herein in their entirety".

Then, I typically add a 3-8 (or more) page brief labelled "Continuation Pages to Notice of Disagreement, incorporated by reference therein".

Here are a few more quick tips and blog posts from the Veterans Law Blog on filing a NOD, as well as dealing with a DRO hearing:

VAs New Notice of Disagreement form: A Band-Aid for a Broken System.

Quick tips on Filing a Notice of Disagreement.

"To DRO or Not to DRO...."

What to do when your DRO acts like a child.

"If I see another VA Form 21-4138, I'm going to....."

Chris