But suppose you didn`t receive my training when filing a DE application and that, in a recent VA rating decision, you did not refuse VA disability benefits. 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. „A written notification from an applicant or his representative, expressing dissatisfaction or disagreement with a judicial decision of the original court and the desire to challenge the result, constitutes a notice of disagreement. While there is no need to formulate any particular wording, communication on the disagreement must be made in a form that can reasonably be construed as a nullity with that provision and as a desire to review the appeal. Where the original jurisdiction has indicated that judicial decisions have been made simultaneously on several issues, specific findings with which the applicant disagrees should be established.
Yes, for example. B the service link was refused for two disabilities and the applicant wishes to challenge the denial-of-service link only with respect to one of the disabilities, the communication of disagreement must specify this. The purpose of the NOD is for a veteran to tell the VA that he or she does not agree with the rating decision regarding the Veteran`s right to disability benefits or other benefits.