nod Filing NOD vs Ebenefits appeal process

[sirc1]

Good evening all.

I can't seem to find a convincing answer on the topic.

I receive my rating a few months ago and strongly disagree with some of the decisions. 

I was on Ebenifits and it appears that i could appeal the process on the site.  However, i'm not sure if this is the same process as filing an NOD.

Can someone please help clarify the difference.....

Thank you 

[Buck52]

Get on e benefits and where it says file  upload a NOD Form VA Form 21-0958  fill it out be sure to put your claims # on it and why you disagree  attach any medical evidence you have to support your claim and push send...also you may want to file a paper copy to the claims intake center,always make copies and anything you send VA get a certified sign return receipt.

 

e benefits has got a lot better uploading forms they will let you know they recieve it/but to make sure they get it send in a paper copy NOD too!

its just faster  with e benefits.

Edited April 28, 2017 by Buck52

[sirc1]

Buck.. thank you for the fast reply.

How is filling an NOD different from ebenefit's page where you can manage your claim (ei.. increase,open, etc...)?

 

[Raza2009]

I am looking for the same link in ebenifits and cannot find it. Can you give a step by step to use ebenefits to file NOD?

[Buck52]

Well its been a while since I used e benefits and today I went to e benefits and it looks like they made a change  (sorry) use to you could upload what ever form you needed to submit fill it out and look it over a couple times and send it.

The benefits of using e benefits is your claim is worked faster and it's more easy to file/upload forms ect,,ect,,,  and saves you postage on return receipts  but I always sent in  my claims on paper with return receipt  but my last claim I did completely through e benefits  with no problem.

You could ask your VSR to upload the NOD and fill it out for you via  e benefits!

he/she should be able too!

[Tbird]

I couldn't find an electronic version on e-benefits or vets.gov below is all I could find. 

Appeals

Source: Vets.gov

You have the right to appeal any disability benefits decision made by the Veterans Benefits Administration (VBA). The appeals process is set in law and is different from other judicial appeals processes. Keep reading below to find out how to file an appeal.

What if I don’t agree with my benefits decision?

If you disagree with all or part of a VBA benefits decision, you can:

• File a new claim with your regional office along with any missing evidence (supporting documents like doctor’s reports or medical test results), or
• Start an appeal at your regional office by filing a Notice of Disagreement (NOD). If you need help figuring out the process, contact an accredited representative (a trained professional trusted to help with VA-related claims). Find an accredited representative.

When do I file an NOD?

You’ll need to file an NOD within 1 year from the date on the letter letting you know of the decision on your claim.

How do I file an appeal?

Fill out and turn in VA Form 21-0958.

What happens after I file my appeal?

VBA will send you a written notice (known as a Statement of the Case, or SOC) letting you know why your claim was denied.

What if I still don’t agree with the decision made on my claim after VBA issues the SOC?

If you disagree with VBA’s decision, you can take your appeal to the Board of Veterans’ Appeals for another look (known as a de novo review or new look). To do this, file a Substantive Appeal (VA Form 9).

When do I file a Substantive Appeal?

You’ll need to file a Substantive Appeal within 60 days from the date on the letter that comes with the SOC—or within the remainder of the 1-year period starting from the date on your original decision notice—whichever gives you more time.

How do I file a Substantive Appeal?

Fill out and file VA Form 9.

Find out what happens to your appeal at the Board.

What’s the status of my appeal?

Check the status of your appeal by calling 800-827-1000 or going online to eBenefits. Go to eBenefits.

Can I send in more evidence (supporting documents) or make a new argument to support my appeal?

Yes. The appeals process follows what’s known as a continuous open record process. This means you can send in new evidence and/or make new arguments at any point from the beginning to the end of the appeals process. We also follow what’s known as a duty to assist policy. This means that we’ll work to find more evidence on your behalf and look into any new arguments that may show you should qualify for disability benefits.

Each time you present new arguments and add or find new evidence, VBA must issue another decision considering that evidence. This adds time to the process, so it’ll take longer to resolve your appeal.

What if I decide I don’t want to pursue my appeal anymore?

If at any time you decide you don’t want to appeal the claim anymore (for any or all of the issues involved in the appeal), you or your authorized representative can send in a written statement. It should include your name, the related Department of Veterans Affairs file number, and a statement that you’re withdrawing the appeal.

If you request the withdrawal before you get notice that the appeal has been transferred to the Board, send your statement to VBA. After the appeal has been transferred, you should send it directly to the Board.

What happens if I still disagree with the Board’s decision?

If you still disagree, you can:

• File a new claim with your regional office, or
• File a motion asking the Board to reconsider your appeal (there’s no time limit to file this motion), or
• File a motion asking the Board to review your appeal again because there was clear and obvious error in its decision (there’s no time limit to file this motion, but it can’t be filed until after the Board decision becomes final), or
• File a Notice of Appeal with the Court of Appeals for Veterans Claims (CAVC) within 120 days from the date of the decision by the Board (stamped on the first page of the decision). Learn more about CAVC.

How do I file a Notice of Appeal with the CAVC?

Fill out and file a Notice of Appeal.

Send your Notice of Appeal to the clerk of CAVC. Follow these detailed instructions.

Get more information

Want more details about the appeals process? Download the “How Do I Appeal?” pamphlet.

[Buck52]

Great Information Ms T