How to File a VA Notice of Disagreement
What do you do if the VA denies your claim, only grants it in a watered-down capacity, or generally doesn’t meet your expectations? If you’ve heard of a Notice of Disagreement, you might assume that’s the natural next step to appealing your claim.
In this blog, we’ll discuss what a Notice of Disagreement (NOD) is, whether it’s the right way to appeal your claim, and what your other options are for appealing your claim and getting the benefits you deserve.
What is a Notice of Disagreement?
A Notice of Disagreement is one of three appeal options under the Appeals Modernization Act (AMA), allowing you to appeal directly to the Board of Veterans' Appeals. Under the AMA, a NOD is often simply referred to as a Board Appeal. When you file a Notice of Disagreement, you have three options for how you’d like your appeal to be reviewed:
Direct Review: You can have your appeal directly reviewed by a Veterans Law Judge (VLJ) without submitting additional evidence.
Evidence Submission: You can also submit additional evidence to the board to be considered with your appeal.
Hearing Request: You may also choose to have a hearing with a Veterans Law Judge and submit new evidence for consideration.
As we mentioned above, you have three review options for appealing a claim under the AMA. We’ll get to the other two momentarily. But prior to the AMA being fully implemented on February 19, 2019, all appeals were filed with a Notice of Disagreement. As a result, there’s still some confusion surrounding the Notice of Disagreement for Veterans who are now appealing their claims.
Previously, in what are now called “Legacy” Appeals, when you filed a Notice of Disagreement, you had only two choices: a Decision Review Officer (DRO) process or a traditional appellate review process. Both were similar to the modern Supplemental Claim process, allowing Veterans to submit new evidence to be reviewed along with the original decision, but NODs are now just one option of the modern appeals process.
If you have a Legacy Appeal (an appeal filed prior to February 19, 2019), get in touch with the Law Office of Michael D.J. Eisenberg to see whether we can assist you.
Do I Have Other Options For Appealing My Claim?
Yes! Under the Appeals Modernization Act, there are two methods besides the Notice of Disagreement for appealing your case that you should consider: a Higher-Level Review, and a Supplemental Claim.
What is a Higher-Level Review?
If you choose to appeal your claim with a Higher-Level Review, a senior reviewer will take a closer look at the evidence you submitted with your original claim. While you can’t submit new evidence with this option, you do have the opportunity to speak with your case’s senior reviewer to identify any potential issues with your initial claim.
What is a Supplemental Claim?
The second option you have for appealing your initial claim is called a Supplemental Claim. With a Supplemental Claim, you can submit ‘new and relevant’ evidence to the VA for review. For a Supplemental Claim, ‘new and relevant’ means that the evidence:
Wasn’t included in your initial claim
Could ultimately impact or change the VA’s decision
Supplemental Claims are one of the most common types of appeal, and for good reason: they have a notably higher grant-rate than Higher-Level reviews. However, how effective your Supplemental claim will depend on how well you prepare it. Note that if you file a Supplemental Claim and it is outside the deadline to file an appeal, your new effective rate will be the date you filed your Supplemental Claim.
Don’t know whether you should file a Higher-Level Review, a Supplemental Claim, or a Notice of Disagreement? Get in touch with Eisenberg Law and we can help you plan your appeal!
How to File a Notice of Disagreement
If you received your decision on or after February 19, 2019, you can file your Notice of Disagreement using VA Form 10182. This will allow you to choose one of the three options for your claim’s review—Direct Review, Evidence Submission, or a Hearing Request.
On your Notice of Disagreement, include the issues that you disagree with and that you’d like the VA Law Judge to review. If you agree with part of the decision you receive, you don’t need to include it on VA Form 10182. It’s vital that your VA Notice of Disagreement is properly filed, so you may want to consult with a Lawyer who practices Veterans Benefits Law before you submit it.
What’s the Timeframe for Filing My VA Notice of Disagreement?
It’s important to file your appeal or Notice of Disagreement promptly. You have 365 days from the date your decision letter is mailed to file your NOD. Keep in mind that’s 365 days from the day it’s mailed—not the day you receive it.
If you selected an Evidence Review, you have 90 days following the VA’s receipt of your NOD to submit your evidence; similarly, if you selected a Hearing Request, you have 90 days following the hearing to submit your evidence.
Therefore, while you have a year to file your NOD, it’s important to get started promptly. A year is a long time, but gathering the evidence to successfully appeal your initial decision can take time. If you disagree with the VA’s decision, contact a lawyer who practices Veterans Law to help begin the process of filing your VA Notice of Disagreement.
Give Your Appeal the Best Chance For Success
Whether your claim is granted or denied following your VA Notice of Disagreement can have a profound impact on your overall quality of life. To help maximize your chances of your appeal being decided in your favor, turn to the Law Office of Michael D.J. Eisenberg.
Mr. Eisenberg has over 16 years of experience with Veterans’ benefits matters. He can help you determine what evidence and what type of appeal will be most beneficial for your claim. To schedule a free* VA benefits appeals consultation, contact Mr. Eisenberg today.
Note: Consultations for Veterans’ Benefits Appeals Matters are free; however, consultations for Military Records Issues and Medical/Physical Evaluation Boards are paid.