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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My experience with this firm was overwhelmingly awesome! My attorney is very knowledgeable in veteran law and the rest of the staff is polite and they answer emails in a timely manner. I definitely recommend Perkins Studdard for you VA claim needs.Juan Armenta
Couldn’t be happier with the service they provided me. After so much time spent working with the VA to grant me disability for my service connected disabilities I was denied. Exhausted with the process and ready to give up a friend recommended this firm to assist me with an appeal. They handled all of it, keeping me updated regularly on progress, and eventually getting me the disability rating that was due. This was the happiest I’ve been to pay an invoice for services received.Kendall Lucy
100 % recomendable, in my humble opinion they are the best. I am very grateful with their assistance in filling my claim with the VA and winning They have done an outstanding job. They are professional ThanksFrancisco Javier Pérez A
They assessed my case as being potentially tdiu qualified and got to work right away. I only provided the information they asked me for and let them do their work. I didn’t hound them, I didn’t pester them, I just let them do their work and provided what they asked for and trusted the process. Within a few months or so I was awarded a tdiu rating. In my case I’m a combat vet of oef, but the Va had denied me twice for a benefit that I know I qualified for. The Perkins-studdard firm got the the benefit I deserved and I am eternally grateful for their expertise and hard work.M C
Jason provided provided outstanding counsel and support. His communication was exemplary, with prompt and informative responses to all my inquiries. The entire team was professional, knowledgeable, and genuinely caring, transforming a potentially stressful experience into a positive one. I cannot recommend their services highly enough. Thanks Jason!Cody
I saw Travis on some YouTube videos. It was the way he worded things, I just felt compelled to contact them about my situation, he seemed trustworthy. Travis told me he thought he could help me. I was hesitant, but proceeded. The claim process was long, but my claim was granted. They are organized and punctual. Jessica and Travis are a strong team. I feel the Lord led me to Perkins & Studdard. I consider Travis an advocate and friend. ThanksCorby Reese

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