That`s no longer the case! Effective March 24, 2015, the VA requires that all disagreement decisions be submitted on a FORM VA 21-0958-ARE (NOD) attached here. Our advice to all our experienced clients is to always use this new NOD form for all NODs that will be submitted by each Veteran to a VA decision from March 1, 2015 and for any time forward. Veterans must complete this form in full with specificity for all decisions and aspects of going-to-do with which they disagree, as stated in the rating decision. If they do not agree in time with every aspect of the decision, it means that the claim decision, if final and UNAPPEALABLE! The NOD filing period is one year. This means that an applicant must submit his NOD within one year of the date the VA communicated the adverse decision by e-mail. The date of the notification letter is considered the date of sending. In practice, do not wait until the last day of the one-year period to submit the NOD. A: You and your former employer have the opportunity to attend the hearing, testify under oath and present witnesses and documents in support of your case. A lawyer may represent you, or anyone else authorized to act on your behalf. Such rules of representation are your responsibility. You and your representative have the right to question any witness who testifies against you. The appeal checker draws testimony n.
The auditor will give a written decision to all parties involved. If you do not participate in the oral procedure or if you miss a registration period because you have not communicated to the VEC a change of address, the hearing is not postponed and the filing period is not extended. 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.
Before the VA announced the change, all it was needed was a simple letter to VA, titled “Communication of Disagreement.” I posted previous information on our blog about what a disagreement notice looked like before this change. Your former employer can file a complaint after you have already received benefits. If the employer is required, you can reimburse some or all of these benefits, even if you no longer use them. That`s why it`s very important that you take part in every scheduled appeal hearing and immediately notify the VEC if you have moved, even if you have stopped receiving benefits. Anyone in need of a language interpreter or person with a disability who needs adequate accommodation should contact the Commission Administrator immediately at the telephone number indicated in the hearing communication. If so, you may be able to update your address or direct filing information on VA.gov`s website. Or VA can make the change over the phone or help you find the address to which you can send a change request. The complaint can also be filed by fax (804) 786-8492 or via the internet at www.vec.virginia.gov/appeals/file. Be sure to include your Social Security number.
You must ensure that your complaint has been received by the office or that it has a mail stamp by the end of the claim. Any change of address must be immediately notified to the VEC.