In our second video, we gave an overview of the Regional Office (RO) system. In this video, we will focus on this appeal process that takes place at the Board of Veterans` Appeals (BVA). The key to the BVA process is communication on disagreement (NOD). With the old NOD, the veteran could only appeal within the OR. Now, a NOD brings the veteran directly to the BVA. The NOD gives the Veteran three options to keep the claim running at the BVA. Historically, there was no VA form for a NOD and the Court applied a liberal reading to the complainants` correspondence. As such, there was no specific language as long as it expressed disagreement and intended to seek an appeal review. But all of this has, to some extent, changed with the va`s adoption of new regulations and necessary forms.
Applicants must now use Form VA 21-0958, which is a form of disagreement. As a veteran-disabled lawyer, I have serious concerns about the requirement that a Veteran must use a particular form to file a VA complaint. If a Veteran has been denied AV disability benefits, he or she should not be affected by the inability to obtain the correct form to appeal his refusal of the VA. Once the NWW has been filed and the appeal proceedings commenced, it is advantageous to present additional arguments and evidence. In general, as lawyers, we are involved in claims after the NOD is filed, and the claims files have not been properly developed. A full review of the file is therefore required and additional evidence is obtained. The nature of the evidence required is generally determined by the reason for the initial refusal. If, for example.B. the medical records of the service find an event in service and the Veteran has a current disability, then the refusal will be based on the absence of a medical link.
Therefore, counsel should seek appropriate medical advice on the Nexus issue. Additional evidence should be presented with an argument. Persuasive arguments and additional evidence could lead the VA to change the denial of benefits. Finally, it is important to understand how this new program protects the effective date of a potential reward. The effective date is the date on which the VA pays benefits. As a general rule, this is the date of the last claim reopened. With the new system, as long as you choose one of the three leads within one year, your claim`s validity date should be the date of the claim you filed at the beginning. The first option is to submit an additional fee with new and relevant evidence. The second option is to require a review at a higher level. Finally, you can submit a NOD to go directly to the Board of Veterans Appeals, also known as BVA.
Let`s start from the beginning. A significant deletion with this lead is that the decision maker will not take into account evidence that was not before the warrant officer, that can make the first decision. If you submit new evidence, it is very likely that you will need to consider it through an additional claim if you want to see it again in the OR. If you disagree on this point, you can file another additional application or lodge an appeal with the BVA, which is the third and final choice of the new VA appeal procedure. The provisions of the NOD must be those that „can reasonably be construed as expressing their opposition to this determination and expressing the wish for an appeal review.” Id. The applicant cannot simply express his opinion. It must indicate a desire to request a review. In Gallegos v.
Principi, 283 F.3d 1309 (Fed), the NDF was asked to express the wish for an appeal. Cir. 2002), cert.