(b) cases where the authority initially competent does not provide any form of appeal. a written notification by an applicant or his representative expressing dissatisfaction or rejection of a decision-making decision of the Agency of initial competence and the wish to contest the result constitutes a communication of disagreement on a right to benefits in all cases in which the Agency does not provide a form for initial competence; which has been identified as having a view to the establishment of a remedy. The communication of refusal must be made in terms that can reasonably be interpreted as contradictory to this finding and as a desire for review of the appeal. If the Authority has informed the original court that decisions have been taken simultaneously on several issues, it is appropriate to identify the specific findings with which the applicant disagrees. The deadline for filing the DNO is one year. This means that an applicant must submit their NOD within one year from the date on which the VA notified the negative decision. The date of the termination letter is considered the date of shipment. In practice, do not wait until the last day of the one-year deadline to submit the NOD. (4) Specificity required by the form. If the Authority has informed the original court that decision-making decisions have been taken simultaneously on several issues, the specific findings with which the applicant disagrees must be identified to the extent that a form provided in accordance with paragraph (a) (1) of this section so requires. If the applicant wishes to challenge all the issues that have been decided by the home competent authority, the form must clearly indicate this intention.
Problems not mentioned on the form are not considered contested. Nevertheless, as a lawyer for disabled veterans, there are some basic tips I would give. If there are several problems, the applicant must indicate precisely which of the findings he does not agree. For example, if the assessment decision rejected the claims for PTSD, lower back disease and bilateral hearing loss and the Veteran only wished to appeal the PTSD claim, the Veteran must explicitly state that he or she only wishes to challenge the PTSD claim. The applicant must submit the NOD to the VA body that sent the notification of the decision. See 38 C.F.R. § 7105. If the applicant`s case has been transferred to another regional office, the applicant must file their NOD with the OR, which is responsible for the file….