What Is A Notice Of Disagreement?

A Notice of Disagreement (NOD) is used by veterans to appeal benefits decisions made by the Department of Veterans Affairs (the VA). By submitting a NOD, you intimate to the VA that you disagree with the decision that the VA made with regards to your benefits package.

Veterans can disagree with the VA’s benefits decision for any number of reasons, ranging from receiving a denial of benefits to receiving a low disability rating. By submitting a NOD along with a clear and medical evidence-backed explanation as to why you feel you deserve a higher disability rating, you can potentially overturn a low rating decision or change denial of benefits to an approval.

Filing a NOD

NODs must be submitted to the regional VA office that denied your claim for benefits or assigned you the rating you want to appeal. You first need to read NOD form guidelines. Once you’ve gone through the guidelines, complete the form and submit it, and once you the VA receives it, your appeal is automatically launched with the VA.

Make sure you use the correct form provided at the link above. This helps the VA reduce manual and clerical errors that can prove costly to you (both in terms of time and receipt of benefits) while your case is being processed. The VA has implemented numerous changes (including the launch of a new website) to improve processing times and whittle away at the growing backlog of claims and appeals, and the standard NOD form is designed to reduce your wait time and make the entire process easier for everyone involved.

Once you have filled out your NOD, you can choose how you want your claim to be reviewed. The two options are the traditional appeals process and what is called a Decision Review Officer process.

• In the traditional appeal process, the person who originally reviewed the claim will re-review the claim.
• In the Decision Review Officer (DRO) process, a DRO reviews your claim. You can also request a hearing to appeal your case to the VA.

Filing Timeline

Generally speaking, you have one calendar year to file a NOD with the VA, based on current NOD appeal rules. The calendar year starts from the date on which the VA initially denied you benefits or assigned you the rating you wish to appeal.

Missing the Appeal Period

As noted above, you have one year from the time the VA arrives at a benefits decision on your case to file a claim with the VA asking for a change in your rating (or an overturn of their decision if your claim was denied). Your claim will be considered closed if the VA does not receive a NOD from you within the stipulated year-long period.
If you miss the NOD filing deadline, you can always reapply for benefits. However, if you do this, you will have to resubmit an application from scratch and initiate the entire process all over again.

Processing Times

Wait and processing times for NOD appeals vary from office to office. Due to an ever-growing backlog of veteran claims and cases, processing times can be as long as six months or more. Wait patiently to hear back from the VA, but make sure to submit a thorough application the first time around to avoid unnecessary delays in receiving the benefits you feel you deserve.
The process of completing a NOD is not very time consuming, but winning your appeal can have a substantial long-term effect on your income. Be sure to carefully review the requirements of the NOD form, file the form within the one-year time limit, and be patient in waiting for a review response from the VA.