NOD is defined as „a written communication of an applicant or his or her representative expressing dissatisfaction or displeasure with a judicial decision of the Agency or the jurisdiction of origin and the desire to challenge the result.“ 38 C.F.R. No 20.201 (2012). Thanks for sharing your input – you`ve been around the block once or twice with the VA, I can say! 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. (1) Format. In all cases where the Jurisdiction of Origin Authority (AOG) submits a form to summon a complaint as part of its decision, a notice of disagreement consists of a copy of this form completed and filed in a timely manner. VA will not accept any expression of discontent or rejection of a judicial decision of the original court and the wish to challenge the result presented in another format, including another form of VA, than a notice of disagreement. In addition, the common law rule applies when assessing the topicality of the submission of a NOD. With respect to the general rule of the mailbox, the federal circuit found that evidence that a letter was sent either to the mail or distributed to the postman met its objective within the normal scope of mail activity.
See Savitz v. Peake, 519 F.3d 1312, 1315 (Fed. Cir. Another reason to wait is to give the veteran time to develop the case objectively, finding additional secular and medical evidence, consulting medical experts, providing medical expertise, etc.b) cases where no form of original jurisdiction is provided to file a complaint. A written notification of a plaintiff or his representative, expressing dissatisfaction or disagreement with a court decision of the home jurisdiction and the desire to challenge the result, constitutes a declaration of disagreement which relates to a right to benefits, in all cases where the original judicial authority does not present any form intended to summon an appeal. Communication on the disagreement must be in a form that can reasonably be construed as a nullity with that provision and as a desire to review the appeal. Where the original jurisdiction has indicated that judicial decisions have been made simultaneously on several issues, specific findings with which the applicant disagrees should be established. Historically, there was no VA form for a NOD and the Court applied a liberal reading to the complainants` correspondence. As such, there was no specific language as long as it expressed disagreement and intended to seek an appeal review.