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Dva Amendment To Regs Regarding Nod's


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Hello All,

Found this today.

SUMMARY: The Department of Veterans Affairs (VA) is amending its

regulations governing appeals to the Board of Veterans' Appeals (BVA or

Board) to clarify the actions an agency of original jurisdiction (AOJ)

must take to determine whether a written communication from a claimant

that is ambiguous in its purpose is intended to be a Notice of

Disagreement (NOD) with an adverse claims decision.

DATES: Effective Date: This rule is effective October 30, 2006.

Applicability Date: VA will apply this rule to appeals pending

before VA in

[[Page 56869]]

which an NOD was filed on or after the effective date of this rule.

Here's the PDF.

VA_2006_BVA_0238_0001.pdf

Edited by Brandy (see edit history)
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Thanks Brandy-that is an interesting new reg.

I believe most claimants clearly understand that a Notice of Disagreement must be identified as just that.

But this reg seems to protect any veteran who might not understand what a formal NOD is.

I always suggest typing Notice of Disagreement in Capitals on the letter, restating in the letter that this is a formal notice of disagreement with the RO decision dated_____ and that I fully intend to continue to appeal until the benefits sought have been granted.

I also feel that a NOD can also expand the case by disagreement with referrals to additional attached evidence.I have had denial decisions turn around on the NOD with more evidence sent in with it.

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Thanks Brandy-that is an interesting new reg.

I believe most claimants clearly understand that a Notice of Disagreement must be identified as just that.

But this reg seems to protect any veteran who might not understand what a formal NOD is.

I always suggest typing Notice of Disagreement in Capitals on the letter, restating in the letter that this is a formal notice of disagreement with the RO decision dated_____ and that I fully intend to continue to appeal until the benefits sought have been granted.

I also feel that a NOD can also expand the case by disagreement with referrals to additional attached evidence.I have had denial decisions turn around on the NOD with more evidence sent in with it.

Berta,

One thing I thought was interesting was the "oral communication" that the VA can contact the claimant for confirmation of their claim and note it in their system. I did not think the VA called a claimant for anything.

Also, I thought this was intertesting because yesterday I read a posting by someone here that they only mentioned in a response to the VA that they were going to file a NOD once their current claim had been rated and when they received their rating the VA had called NOD on themselves. I don't remember who posted this.

Brandy

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Dont know what post that was- the VA can call a CUE on itself but I never heard of them calling a NOD on themselves.

I sure would not depend on the VA calling anyone to confirm a claim was filed.

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