Appeal Or Notice Of Disagreement

[OnRiver]

what is the real difference between a Notice of Disagrement and Appeal? is one better than the other ? sorry but I am just learing all this jargon.

[Ricky]

The Notice of Disagreement or NOD as it is normally refered to, is the first step in the appeals process. The NOD will result in the VA issuing a Statement of the Case or SOC which should give you specific reasons for the denial of your claim. From there they will ask if you want the traditional appeal process, at the BVA level or if you want to continue to allow the local RO to work the appeal. If you elect to allow the local RO to relook at the claim and you still do not like the results you can still have the claim forwarded to BVA for their action under the traditional appeal process.

[OnRiver]

Thanks I understand now. The way I am going might be longer but if one is correct it allows a airing of the matter. I put in the disagreement and they haven't got back to me with any other information except who I wanted it to go to. I did receive in my initial approval/denial letter reasons for the denial but have not received further information since I told them who I wanted to review it....the reviewing officer or regular process. I opted for the regular as it appeared to me to be rather simole as it invilved a mistatement on their part.

[Vike17]

As Ricky said, the NOD is the first step in the appeals process. However, when you send in your NOD and didn't specifically ask for the either the traditional appeals process or a DRO review, the VA will send you a letter asking which avenue you want to take. You have 60 days from the date of this letter to respond. If you don't respond, the VA will process your appeal through the traditional process i.e. they'll issue you a statement of the Case (SOC) explaining why they made the previuos decision. Along with the SOC should be a VA Form 9 to fill out if you want to have your appeal sent to the BVA. If you choose the DRO process, a senior rater (Someone with many years of experience) will review your issues you have appeal and render a new decision. The DRO can further deny your appeal or completely change the prior decision in your favor. If the DRO further denies the appeal, he/she will issue a SOC and VA Form 9, and you can further appeal the decision to the BVA. If the DRO grants the appeal, he/she will send you a rating decision explaining what percentages have been assigned to what disabilit(ies). When the VA issues a SOC, keep in mind you have only 60 days to either send in the Form 9 the 'perfect' your appeal, or send in new evidence to be considered. If you send them new evidence within the 60 days, the VA must then consider them and either grant the benefit(s) sought on appeal or they will issue a Supplemental Statement of the Case (SSOC)further denying the appeal. If the VA issues a SSOC, you have again 60 days to submit Form 9 to 'perect' your appeal, or again send them new evidence. Keep in mind "new" evidence is evidence the VA did not have before them when they made the previous decision and the evidence must bare directly on the issue of why it was perviuosly denied.

Hope this helps!

Vike 17

[OnRiver]

Thank you so much...I give you a PHD in VA process procedures. I submited a real good disagreement letter and it was received back in August. they sent me a letter asking which process I prefer and I said the normal procedure. My service officer said my disagreement letter was well written and had substantial and to the point enclosures. I was told different stories on how long it would take for a review. The 800 that connects with St. Petersburg said about 180 days, others said earlier others later. Berta put up a listing of the times but I couldn't make it out. Does anyone know the waiting period of an intial disagreement.

Thanks

I recommend this site to everyone I talk to when I am waiting to see the Dr.'s etc.

[Pete53]

Hadit is indeed a marvel. I started out on Prodigy where a Post could go unanswered for days. Alex, Berta and I moved over when Prodigy closed as Gwen would Post about Hadit. When I look at a new member I see the life blood of Hadit as questions are sometimes answered in minutes. T-Bird has worked and tweaked Hadit till it is by far the best place a Veteran can go to work their claim.

T-Bird has worked miracles and no one has any idea how many hours and how much she has poured into Hadit over the years. Anyone who has won a claim and used Hadit should consider sending something to help her continue this site.

Anyway that is my opinion.

[Guest jangrin]

As Ricky said, the NOD is the first step in the appeals process. However, when you send in your NOD and didn't specifically ask for the either the traditional appeals process or a DRO review, the VA will send you a letter asking which avenue you want to take. You have 60 days from the date of this letter to respond. If you don't respond, the VA will process your appeal through the traditional process i.e. they'll issue you a statement of the Case (SOC) explaining why they made the previuos decision. Along with the SOC should be a VA Form 9 to fill out if you want to have your appeal sent to the BVA. If you choose the DRO process, a senior rater (Someone with many years of experience) will review your issues you have appeal and render a new decision. The DRO can further deny your appeal or completely change the prior decision in your favor. If the DRO further denies the appeal, he/she will issue a SOC and VA Form 9, and you can further appeal the decision to the BVA. If the DRO grants the appeal, he/she will send you a rating decision explaining what percentages have been assigned to what disabilit(ies). When the VA issues a SOC, keep in mind you have only 60 days to either send in the Form 9 the 'perfect' your appeal, or send in new evidence to be considered. If you send them new evidence within the 60 days, the VA must then consider them and either grant the benefit(s) sought on appeal or they will issue a Supplemental Statement of the Case (SSOC)further denying the appeal. If the VA issues a SSOC, you have again 60 days to submit Form 9 to 'perect' your appeal, or again send them new evidence. Keep in mind "new" evidence is evidence the VA did not have before them when they made the previous decision and the evidence must bare directly on the issue of why it was perviuosly denied.

Hope this helps!

Vike 17

Vike17 or anyone who knows, please,

When a veteran gets his (1st) inital rating from the VA for his comp claim, does the VA send an SOC or do they just send the decision of rating in percentages and if you disagree you appeal and then they send the SOC? Thanks.

Jangrin