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.

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Travis, Jessica and the team were amazing. I’ve been working for the benefits I’ve deserved for years and should have worked with Perkins Studdard initially. They were always great answering questions and helped me more than I ever could have imagined. I highly recommended them as a VA disability law team to help anyone. I’d give more stars if I could.Theodore Tarbush
I highly recommend Travis and his team. From start to finish, the communication and professionalism were outstanding. Jessica was absolutely amazing — responsive, knowledgeable, patient, and always willing to help answer questions and keep me informed throughout the process. Travis was also excellent and made me feel confident that I was in good hands. Their entire office treated me with respect and care, and I truly appreciate everything they did for me. If you’re looking for an attorney and legal team that genuinely cares about their clients, I would definitely recommend them.Carlos Thornton
Travis Studdard and his team were always professional and from intake to case resolution, they were extremely pleasant to work with. After working closely with them for roughly six years, they successfully appealed my sleep apnea claim with the VA. At times I thought about giving up, but it was their diligence and confidence in their approach that gave me the ability sustain. There were no surprises, they led me by hand every step of the way. My family and I are truly appreciative for their great work. His team truly cares and it shows. They will fight to the end for veterans. I couldn't be happier with the results.James
I had the pleasure to be helped by Travis and his team on my VA disability claim. They know what they are doing, and I would definitely work with them again. I recommend them to any veteran that has a wrongfully denied claim with the VA...Joel Onomo
Travis and his team helped me get my case done when I couldn't get it done by myself.Everything went much faster and better than I expected.I highly recommend his team for any veteran trying to get a claim processed. Norman Scott,U.S.Army veteranNorman Scott
Jason Perkins and his team are so kind, knowledgable and helpful. They were thorough with all my legal needs and made sure my medical needs were taken care of financially. What I most appreciate is that he was always very clear about what was best for my case, but he also always told me I needed to do what was best for me, both mentally and physically. He was always available to answer questions, made sure I understood, and was willing to let me make decisions regarding my case. His ethics are beyond reproach. He would not take a percentage of a payment he did not help me receive. You can trust him. He always made it clear that my mental and physical well-being were more important than any part of my case. Then he would explain what would be best for the case and why, and allow me time to decide. Being in the Worker's Compensation system was an incredibly demeaning experience. I am a strong, educated woman, but when everyone in a system tells you that you are not worthy of the care you have received your entire life, and you instantly become less than to many of those who are suppose to be caring for you, it would weigh on anyone. I am so thankful I had Jason and his team fighting for me, getting me things I never would have imagined would be denied, like a second opinion before surgery, or physical therapy instead of opioids. I cannot imagine trying to handle this experience by myself.Andri Pilgrim
Would definitely recommend 10/10! The team was super helpful through the entire process, and always were available for questions anytime I needed. Always quick to respond, and we’re always sweet and professional!Haley Nicole
Perkins Studdard LLC has been wonderful to work with from the first day through the final journey. They were prompt in requesting the information from me so they could appeal my claim with the VA. I had exhausted all means trying but they were able to get me to 100%. I would "HIGHLY" recommend using them if you are having difficulty getting anywhere with the VA.Mike Black
When i found this law firm I was going through a hard time not just with the VA but mentally as well. And after i hard denial i reached out to Travis and let me just say that was the best decision of my life. From the first call i knew i had made the right decision they are nothing short of amazing. Shoutout to Jessica and Chandler they both helped ease my stress and make the process so smooth it felt really good to be heard. My only mistake was not reaching out to them sooner. Thank you all so very muchRilesia Singleton
Perkins Studdard LLC has done for me what VSO, the DAV, and I could not do on my own. For 10 years after my last rating the VA was bound and determined to keep me at my current percentage. My body was tired physically and mentally. I needed help that the civilian world was not going to let me stop work for. I contacted Perkins Studdard and worked with Jessica and Travis. To tell you what I ever hoped for was greatly exceeded. I am able to now properly heal since 2007 when I was medically discharged. I promise when we feel like we are forgotten you have people like Travis and Jessica that work hard for you to make sure you are not. Their policy on pay is exceptional and even when I got aggravated they understood how to keep me calm and helped my patience. I think the VA does not like to see them coming. I got the holy grail, home run, I can breath decision I needed. Let them help you!Lisa Jordan

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Travis Studdard

Sustaining Member since 2012

www.vetadvocates.org

Providing Representation to America’s
Veterans and their Dependents

The information contained on this web site is provided for informational purposes only and not legal advice. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. The transmission of an email request for information does not create an attorney – client relationship. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. Perkins Studdard LLC makes no representation that it can obtain the same results as reported in cases on this web site in other legal matters.

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