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:

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.

Rita BarnesRita Barnes
00:03 20 Jan 22
This is a great group of people who really care about your well being. They all treated me as though I was family and helped me with my work comp case in more ways than the average would have.Thank you Jason and Thank you Tina! For doing an awesome job.
Cortex ButlerCortex Butler
18:09 29 Dec 21
I am a Veteran of United States Air Force and was awarded my first 30% in 1996 and have been fighting for my rating for 26 years I came to Perkins and Studdard in 2019 while my mom was in a terrible incident and was given to much anesthesia and through GODS Grace she was spared her life, She is disabled since 2018 and I have been struggling with my life and issues and yet I didn’t call the law firm every 10 minutes or call being rude anytime, I mentioned this as I got to know Jessica more than just a phone call and Mr Studdard was always available when not working on other cases or in court, They always called back and Never had to do a call back, My Review is Simple in Life there peaks and valleys and it doesn’t stop because you have issues, Perkins & Studdard took my case in 2019 in 2021 I received my 100% from VA, I Was Never Rude, I was Never Promised Success, I Was Never Lied too and I was Always Treated with Respect, Friendliness, and Kindness the Real Stuff not a (Money Thing) If You want a firm that Cares about the Client and will work on your case even through a pandemic, Will not lie, will not promise anything will communicate your case and will Give you their Best ALWAYS THIS IS THE Best Law Firm for VETS HANDS DOWN Perkins and Studdard THERE IS NO OTHER 100% we had 5 calls Total Case That’s Taking Care Of Business
annetteMomma nokesannetteMomma nokes
14:29 12 Sep 16
Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. injury case. I tried going it alone and the insurance carrier pushed me around. They denied extra physical therapy. They denied injections the doctor recommended to ease my pain. When I turned my case over to Jason things turned around, QUICK. They were at all times attentive and on top of my case. I cannot recommend Jason and his staff enough. If you are hurt at work, this is the firm you want on YOUR side.
Sheila KirklinSheila Kirklin
23:11 12 May 16
Jason Perkins, was my lawyer in a workers comp. case, my case has settled now, and I am very happy for all Jason and his office hard work on my case, he was always there to help me out with any questions that I had or help I needed. Jason is a excellent lawyer and if I ever need another one I would only go to Perkins,Because I believe they would be able to help me in any situation I am in need of..
Anna PabonAnna Pabon
23:16 13 Sep 15
I recommend Perkins Law Firm. Everyone I came in contact with there was very nice. Kim was very helpful and any time I had a question she made sure I got an answer. Ann Margaret really took the time to explain things to me.
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