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. Just as any good recipe requires you to use the right ingredients, notification goes to disagreement needs some « ingredients » to be an effective tool in your application going. 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. But all of this has, to some extent, changed with the va`s adoption of new regulations and necessary forms. Applicants must now use Form VA 21-0958, which is a form of disagreement. As a veteran-disabled lawyer, I have serious concerns about the requirement that a Veteran must use a particular form to file a VA complaint. If a Veteran has been denied AV disability benefits, he or she should not be affected by the inability to obtain the correct form to appeal his refusal of the VA. 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. 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.