If your claim for benefits from the VA was denied, do not give up. It is common for this to happen and the good thing is, you can appeal. To appeal a VA disability claim, you have one year to file a Notice of Disagreement.
There is no specific form to use when filing a NOD. There is a document entitled “Statement in Support of Claim” that can be used. All that is necessary at this stage is for you to make the VA aware of the fact that you disagree with the decision and you will be appealing.
Keep the NOD general:
When you have pinned your hopes on being approved for benefits, it can be frustrating when they are withheld. It may be tempting to tell the VA why you are of the opinion that you are right and they are wrong. Tread carefully; although it may be tempting to give the VA details, it is not the right decision. You will eventually be given an opportunity to air your side, but this is not the time to do it.
The objective of the NOD is to preserve your right to take exception to any and all errors in the VA’s decision. By going into detail at this time, you can limit your appeal only to issues that were not previously disclosed. Word your NOD in a general fashion otherwise; you may end up having to start over from the beginning, which just drags out the process.
What to include in your NOD:
State in your NOD that you disagree with the findings of the VA and you plan on appealing. State the date of the denial notice or rating decision and say that you intend to appeal. If you feel it may be beneficial to state the reasons, just be sure that the VA knows there are more reasons and the ones stated are not exhaustive.
When you are preparing to appeal a VA disability claim, you should consult with a veterans benefits attorney.
If you have to appeal a VA disability claim you should consult with a seasoned Veterans benefits attorney, the process is complex. To discuss your claim contact Jackson & MacNichol, Attorneys at Law.
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