The House is the last point of appeal in the VA system. To go to the BVA, you will file an NDN EIB AKA Disagreement Notice within one year of the decision. Before, the veteran had to file a NOD. Getting another decision from the OR called the statement of the case and then file a subsequent complaint. Now the NOD takes you directly to the BVA. The NOD must be submitted directly to the BVA. 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. “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. Once the NWW has been filed and the appeal proceedings are initiated, 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.