What Is Notice of Disagreement
A Notice of Disagreement (NOD) is your formal written objection to a VA rating decision you believe is incorrect. You file it with the VA within one year of receiving the decision letter, and it officially starts the appeals process. Without an NOD, you cannot challenge a rating decision.
Filing Deadlines and Requirements
You have exactly one year from the date on your VA decision letter to submit an NOD. The VA will not accept one filed after this deadline, and your decision becomes final. File your NOD with the same VA regional office that issued the original decision. You can submit it by mail, in person, or through VA.gov. The NOD itself can be brief, you simply need to state which decision you disagree with and request a review. Many veterans include a brief statement of why they believe the rating is wrong, such as citing new evidence, a flawed C&P exam, or a missing nexus letter connection.
What Happens After Filing
Once the VA receives your NOD, they send you a Statement of the Case (SOC) within a specific timeframe, which outlines the evidence considered and the reasons for the original decision. You then have 60 days from receiving the SOC to submit additional evidence or arguments. Many veterans use this window to include new medical records, employment history, or a detailed statement of your own account of how your service-connected condition affects your daily life and work capacity.
If you do not submit additional evidence within 60 days, your case goes to the VA Regional Office for a supervisory review. A different VA rater may reconsider the original rating decision based on the existing file. If you submit new evidence, the VA must evaluate it before making a final decision.
When To File Your NOD
File an NOD if the VA rated your condition lower than you expected, denied your claim entirely, or applied an effective date you believe is incorrect. Common reasons include insufficient C&P exam findings, the rater not properly weighing your medical evidence, or failure to establish a medical nexus between your service and the condition. Filing early in your one-year window gives you maximum time to gather additional documentation.
NOD vs. Board Appeal
An NOD is required to challenge any initial rating decision. After the VA completes the supervisory review following your NOD, you can request a Board Appeal to have the VA Board of Veterans Appeals review your case. The Board is a separate entity that makes independent decisions. Most veterans work with a Veteran Service Officer (VSO) during the NOD phase and continue that representation through the Board appeal if needed.
Common Questions
- Can I file an NOD if I missed the one-year deadline? No, the VA enforces this deadline strictly. However, you may be able to request a revision of the original decision if new and material evidence has appeared that was not in your file at the time of rating. This is a different process than an NOD.
- Should I hire a lawyer before filing an NOD? You do not need a lawyer to file an NOD, a VSO can help you file it for free. Many veterans file the NOD themselves, then hire a VA disability attorney if the case moves to Board appeal, since Board proceedings are more formal and complex.
- What if the VA grants me a higher rating after my NOD? You accept the new rating and receive back pay to the effective date. The effective date usually starts when you filed your original claim, not when you filed the NOD.