Notice of Disagreement

WHAT IS A NOTICE OF DISAGREEMENT?

A notice of disagreement is the form you must file to indicate that you disagree with VA’s rating decision and want to appeal. Many veterans have to file a notice of disagreement because it is quite common that the initial rating decision you receive from VA will be wrong in some way.

Some common errors made by VA include:

A determination that your disability is not service connected
A failure to apply a presumption in your favor (such as the presumption of exposure to Agent Orange or the presumption that certain conditions were caused by Agent Orange)
An incorrect rating for your disability
An incorrect effective date for your disability
A failure to consider or grant Total Disability Individual Unemployability (often known as TDIU or IU)

Are there deadlines for filing a notice of disagreement?

You need to know that there are deadlines for filing a notice of disagreement. Generally, the notice of disagreement must be filed within one year of the rating decision that you wish to appeal.

If you do not file the notice of disagreement prior to the deadline, you probably will lose your right to appeal the decision. This usually causes you to lose eligibility for some benefits and can make it more difficult for you to apply for future benefits.

Must I use VA’s form to file an appeal?

Under changes in VA’s rules, you must now use a Form 21-0958 to file a notice of disagreement. If you do not use the right form, you may lose your right to appeal the decision.

Once you file the notice of disagreement, you will receive an acknowledgement letter from VA. This letter allows you to select VA’s traditional appeal process or the decision review officer (DRO) appeal process.

Can an attorney help me out with my appeal?

A VA accredited attorney can help you file a notice of disagreement and can help you win your appeal. You can also file the notice of disagreement on your own.

If you do decide to hire an attorney to represent you in your appeal of VA’s rating decision, you will usually only pay the attorney if you recover benefits from VA. The attorney’s fees is usually a percentage of the back due benefits that are recovered.

We provide free consultations about veterans disability cases. Many people have questions about how those consultations work. This article provides the answer to that question and tells you how to set the consultation up.

Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims. He regularly writes about issues that are important to veterans and their families.

You can subscribe to his Veterans Disability channel on YouTube.

I had a great experience with Perkins Studdard Law Firm. The team was professional, responsive, and cared about my case. They explained everything clearly and kept me informed throughout the process. Excellent service and great results — I highly recommend them to anyone looking for reliable legal representation.Victor Martinez

This law firm did a great job and listened to all my concerns and had compassion for my case. They directed me through this process with graceTara Dean

The care, knowledge and professionalism shown by Jason and Tina of Perkins Studdard were beyond reproach. I was informed and updated through every phase of the process and the overall outcome was to my advantage. I highly recommend that if you ever have the need for a workman's comp or VA compensation attorney, Perkins Studdard are the ones that you need to call hands down. True concerned knowledgeable professionals.S Oz

Extremely happy, after many years of uncertainty. Very thankful for all their support helping me get what I deserve! From the VADibujando con FJ

I cant thank the office of Perkins Studdard enough for helping me get through what I thought would be a stressful situation. Let me just say if you have any questions or doubt about what to do or if you need an attorney please give Perkins Studdard a phone call. They were able to set my mind at ease from the beginning and took a weight off my shoulders when I knew what my options were. They've assisted me every step of the way and have touched base with me through the entire process. I really can't think them enough for helping me get through a major bump in the road and I'm truly thankful for the work Mr. Perkins and everyone at Perkins Studdard put in for me. I'm urging you to give them a call if you find yourself in a similar situation. It's great to know you're in the hands of people that truly care about what's best for you and lay out and explain all of your different options with careful detail.Matt Chastain

I had an excellent experience working with Jason Perkins at Perkins & Studdard on my workers’ compensation case. Jason was professional, patient, and truly cared about helping me. He made sure I understood every step of the process and worked hard to get me a great settlement. I’m very thankful for everything he did for me. If you need a workers’ comp lawyer, I highly recommend Jason Perkins and the team at Perkins & Studdard — they really go above and beyond for their clients!Cosmic Energy

Amazing work by an amazing firm. Mr. Studdard has personally explained to me what is going on with my claim and how he will move forward on getting things done. He has always been available to speak. Jessica Hyatt is also a pleasure to work by keeping me up to date on the claim and also letting me know what is needed from me. This firm is professional, effective and definitely client friendly.Richard Moreno

I highly recommend this law firm it’s truly been a blessing to me and my family . The attorneys treated me very well very respectful they listen to me. They understood how important this was to our family. They answer all our questions they return calls to us. They explained everything in detail to us.I know that it was because of the law firm that we received a quick decision from the VA which our claim was granted.Tanya Henderson,Hawkins,Wilson

I highly recommend Jason and his staff. His professionalism and experience proved to be very valuable in helping my case. He is very knowledgeable in his field of work.Eric Bowles

Travis has an amazing team, when I hit a brick wall with my case, he immidiatly gets on board to get to the finish line. 80% to TDIU in about 3 months. Additionally, working with Jessica has been an absolute pleasure, she is a strong part of their entire team. I would recommend them to everyone I know!!Jesse

Agent Orange and C-123s

Remand: Sit and Wait or Continue To Develop the Claim?

Denied Claims: American Veterans’ Guide to Appealing VA Denials

Disability Benefits Questionnaire

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What if I have more questions about my VA claim?

I understand you want your VA claim to be done as quickly as possible. But remember the ultimate goal – to win your VA disability compensation claim. You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney. We would be happy to talk to you. If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process.

Schedule a time with with a Veterans Benefits Experts

Notice of Disagreement