The provisions of the NOD must be those that “can reasonably be construed as expressing their opposition to this determination and expressing the wish for an appeal review.” Id. The applicant cannot simply express his opinion. It must indicate a desire to request a review. In Gallegos v. Principi, 283 F.3d 1309 (Fed), the NDF was asked to express the wish for an appeal. Cir. 2002), cert. The NOD form contains blocks for each contentious issue (the medical conditions for which you filed), z.B. knee condition or kidney stones. Only indicate the conditions on the NOD for which you do not agree with the evaluation. If you`ve been classified for three conditions.
B and you don`t agree with a single decision, you just list the decision you don`t agree with. Then check the block that says what you don`t agree with (service connection, rating level or validity date). Then you`ll have to wait a few more years while your call goes through either a decision controller or the claim process goes traditional (with a new set of eyes). During this phase, the VA can send you notifications of information it is looking for, called VCAA messages that will help them determine their decision. You may even ask yourself to take a medical exam, called the C-P exam, to provide additional information about your disability and help them make their decision. After all this work, it is likely that they will always deny your assertion and send you something called “Case Statement.” The applicant must submit the DNO to the DEA agency that forwarded the decision. See 38 C.F.R. 7105. If the applicant`s case has been transferred to another regional office, the applicant must file his NOD with the DOSSIER RESPONSABLE OFFICE. See 38 C.F.R. 20.300 (2012).
If there is a refusal with respect to the right to treatment of a DE medical facility, then the applicant must send his NOD to the VA Medical Center which made the provision with a copy made to the corresponding OR. The NOD filing period is one year. This means that an applicant must submit his NOD within one year of the date the VA communicated the adverse decision by e-mail. The date of the notification letter is considered the date of sending. In practice, do not wait until the last day of the one-year period to submit the NOD. There is an exception to the one-year requirement. If there are claims at the same time, there is a 60-day delay. At the same time, the disputed claims are where the opposing complainants compete for the same benefits.