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.

I can't express enough how great it was to work with Perkins Studdard. They are extremely knowledgeable, professional and keep you aware of everything happening with your case. Very friendly from the front office to Mr. Perkins. I would HIGHLY recommend Perkins Studdard!James Strickland
I recommend Travis for an Veteran that has been dealing with constant denial with claims. He also , cover cost for my nexus letter when I ran into financial troubles , that helped me win my case.edwin Cook
I highly recommend Travis Studdard to represent anyone looking to help with VA claims. The VA is very difficult to deal with when attempting to get benefits from service connected injuries, at least that's my experience. Travis and his team knows the VA system and the legal procedures to help you get what you deserve. Travis was kind and passionate with me throughout this process and therefore, I highly recommend this law firm to represent DAV's.Terry Hembree
Such an awesome team. They spoke to me like a person and helped me through every decision with knowledge.Kevin Collett
Highly recommend this firm. Did exactly what they said they were going to and fairly timely. The VA is sometimes extremely difficult to navigate but this took all the leg work away from me and got me the result I thought was fair.Andrew Boone
Amazing staff, very informed along with excellent communication. Within just a few weeks of work, Mr Studdard was able to make things happen that normally take years! Highly recommendJacob Sylvester
Perkins Studdard LLC is the place you need to be if you have a Workers Comp case going on! Mr. Jason Perkins and his staff get the results that you need. They work with you and fight for you.Coming from another lawyer my husband and I were really surprised and appreciated the communication and honesty and understanding throughout the entire process. My husband loves the videos because they held so much information and helped him understand what what was going on. Thank you so much for representing us!!!Deborah Tompkins
I highly recommend Jason Perkins and the Team at Perkins and Studdard. Jason did a wonderful job on my case and actually got me better results than what I was hoping for. He was always so patient with me and made sure I was understanding every process in my case. He never seemed to mind me asking questions and always gave me straightforward answers. My phone calls to him or his staff were promptly answered or returned and everyone was always so helpful, personable, and respectful. He kept me updated on all the details of my case and sent helpful videos for me to review that were very informative.Dru Vaughn
Helped me when I needed after getting hurt at work. Thank you for everything!The Knight Family
I could not have asked for a better lawyer to represent my worker comp. case. Any questions I had during the process was always answered in a timely manner. Mr. Perkins really cared about insuring that I wasn't being taken advantage of during this process and helped us reach a settlement that I feel comfortable with. I would recommend this firm to my parents or children.syndel Laber

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