As soon as you submit the Notice of Disagreement, you will receive a confirmation letter from VA. This letter allows you to select VA`s traditional appeal procedure or the Decision Review Officer (DRO) appeal procedure. A Notice of Disagreement is the form you must file to indicate that you do not agree with VA`s assessment decision and wish to appeal. Many Veterans have to submit a disagreement notification, as it is quite common for the initial assessment decision you receive from VA to be, in one way or another, wrong. Many veterans, exhausted by the idea of writing another appeal that the VA will not decide, simply give up and leave a lot of money and benefits on the table. When a Veteran is entitled to a Disability Award (and most other Veteran benefits), he or she has a good chance of being rejected the first time. If you decide to appoint a lawyer to represent you in your appeal against VA`s rating decision, you usually only pay the lawyer if you recover VA benefits. But all this has changed to some extent with the adoption by the VA of new rules and necessary new forms. Applicants must now use Form VA 21-0958, which is a Notice of Disagree form. As a veterans` lawyer, I have serious concerns about the VA requirement that a veteran use a particular form to initiate a va appeal.

If a Veteran has been denied VA disability benefits, they should not be affected by the inability to receive the appropriate form to appeal their VA refusal. The conditions of the NOD must be those that „can reasonably be interpreted in such a way as to demonstrate a rejection of this provision and a desire for review of appeal.“ Id. The applicant cannot simply disagree. It must authorize the desire to refer to an appel appel appele review. In Gallegos v. Principi, 283 F.3d 1309 (Fed), the obligation for the NOD to express the wish for an appeled review has been made. Cir. 2002), certificate refused, 537 U.S. 1701 (2002). . . .