Sample NOD

[vern2]

Behind the times. Was not aware of the AMA took effect on 19 February  2019. PLEASE DISREGARD MY POST. GO TO ASKNOD for latest on AMA, and how to appeal.

I have created a  sample NOD to use in your response to the VA denial of benefits letter. Please ensure that you use the correct VA form, 21-0958 dated Sept 2018, or later. It would be helpful if some of the senior moderators would review my post and comment on it.

 

Vern2

sample NOD2 statement to put on the VA 21-0958.docx

Edited March 5, 2019 by vern2
Not aware of new AMA

[Berta]

I am not a moderator but my comment is this-

I have never filed a NOD without telling them exactly why I believe the decision was incorrect.

I also attached evidence to prove their decision was wrong.

The NOD is the First Avenue of Attack.

The very first NOD I ever wrote was when the VA prosed to reduce my husband's then 30 SC PTSD rating to 10%.

It seems funny now but it was a scathing and  brief  rendition of how they misapplied their own regulations...which I included.

AMVETS repped him and they called here about 7-8 months after I typed and he signed the NOD and mailed it to them.He was at work ( at the VA) and the rep asked me who prepared the NOD, I said I did.

He said he never saw a NOD like that and to tell my husband when he gets home that VA dropped the proposed reduction based on it.

Anothe NODI wrote was for my daughter, who was given only one month DEA benefits ( Chapter 35).

VA EDU is an oxymoron sometimes.

The application clearly states that if the DEA recipient is a veteran, they need to attach their DD 214 and indicate their military service on the form, as well, because the VA will extend DEA to them by the years they were in the military.

I wrote ( dont have copy 5-6 PCs ago )  another scathing NOD and my daughter said I threw it the fact it was a CUE as well-mailed it to her, she signed and mailed it to VA Educational Dept.

In 3 weeks they reversed to DEA extended to 7 years, due to her 7 years of service ( USAF Intel).

Maybe you have a good reason not to elaborate in the NOD why they are wrong but I sure have filed many NODs and never lost a claim yet- but I prefer these days, to CUE them ASAP-if the decision ( which I always learn to expect after 20 plus years dealing with them-I have 3 CUEs before them now)

contains a legal error , which in my case will be' more than likely'-they have made plenty of CUEs on my issues.

To their detriment!   

I hope others comment as well.I have stated here in the past that the NOD is the most important initial document a claimant can file, after filing their claim.

It does not need to be lengthy and should not contain any superflous rhetoric. It should tell them exactly why they are wrong based on the facts of the record they have.

If the decision contains a CUE, a CUE should be filed ASAP- and there might well never be any need for the NOD at all....such as in my 2015 CUE award,  But that depends on the exact legal error they made.I advise reading everything in our CUE forum before considering CUE on a recent decision.

I have CUED award letters as well as denials and have 3 CUEs pending now on award letters.

 

 

 

 

 

 

[Buck52]

Ms berta

I was reading over at Alex blog (Asknod.Org)

Here is a quote 

''As with anything you do in VAland, it pays to read all the literature VA mails you.

Gone are our old friends the VAF 21-526b and the newer VAF 21-0958-after February 14th. Yeppers. You no longer file a notice of disagreement (NOD) on a VA Form 21-0958

… well, that is, if you got the decision before February 14th , 2019, yes you do..VA quit work on the 14th and began again on the 19th so any decision on or after February 19th fall into the new AMA system.

The use of the 0958 ceased on February 14th, 2019 at midnight for what was then RAMP. Confused yet?

You now have what appears to be two 21-0958-like choices. In reality, the truth is you are going to be funneled into two equally distasteful scenarios. Either one is a poor fit compared to the old method. 

[broncovet]

I agree with Berta!!  My VSO, years ago, filed a NOD "without reasons".  Later, I filed a 21-4138 explaining my reasons I disputed the decision.  "Lo and behold, my 21-4138 was lost."  

By putting your reasons WITH the nod, the VA, once they acknowledge your NOD, can not "lose" the reasons.  

The Board should give a "reasons and bases" for each Veterans "theory of entitlement", even if they simply say, "Its without merit".  

This can give a bases to appeal a board decision:  Failure to give a reasons and bases as to why the Veterans entitlement theory "X" was not considered. 

 

[Buck52]

This may not have anything to do with what you just posted.

Just note worthy

I let every Veteran I come in contact with who is just getting out of the military

 when they get their DD -214  Be certain its correct  the dates and where you were station...if its incorrect it is very hard to get it corrected.

(nowdays)

[Berta]

I am confused by it all Buck-----

As you said" In reality, the truth is you are going to be funneled into two equally distasteful scenarios. Either one is a poor fit compared to the old method."

But the reality is, if we have the evidence we need , and VA has it as well, , and the VA knows how to read ,  the outcome of a valid claim will be the same.I hope!!!!!

I need to read up more on this RAMP deal-----

 

[Buck52]

This may not have anything to do with what you just posted.

Just note worthy

I let every Veteran I come in contact with who is just getting out of the military

 when they get their DD -214  Be certain its correct  the dates and where you were station...if its incorrect it is very hard to get it corrected.

(nowdays)