38 Cfr Notice of Disagreement

An extension of the 60-day period for lodging a complaint on the merits or the 30-day period for responding to a supplementary request may be granted for good cause. A request for an extension must be submitted in writing and must be submitted before the expiry of the time limit for lodging the complaint on the merits or the reply to the supplementary request. The renewal application must be submitted to the Department of Veterans Affairs Office, from where the applicant has received notice of the decision against which an appeal has been filed, unless the applicant has been notified that the relevant records have been transferred to another Veterans Affairs office. The rejection of an application for renewal may be appealed to the Chamber. (d) Standard form required. The Commission does not accept, as a communication of disagreement, the expression of dissatisfaction or rejection of a decision of the Agency of the court of origin and the desire to challenge the result submitted in a format other than that prescribed by the Secretary, including on another VA form. (1) Format. For each case where the original Competent Authority (AOJ) provides a complaint form in connection with its decision, a notice of objection consists of a completed and timely copy of that form. VA does not accept as a notice of disagreement the expression of dissatisfaction or rejection of a final decision of the agency of the court of origin and the desire to contest the result submitted in another format, including on another VA form. (b) cases where the authority does not provide the court of origin with a form of remedy. A written communication from an applicant or his representative expressing dissatisfaction or rejection of a judicial decision of the Agency of the court of origin and the desire to challenge the result constitutes a communication of disagreement with regard to a right to benefits in all cases where the Agency does not submit to the court of origin a form identified as being for lodging a complaint. The notice of refusal must be formulated in terms that can reasonably be interpreted as inconsistent with that conclusion and as a desire for review on appeal.

If the authority has informed the court of origin that judicial decisions have been taken simultaneously on several issues, it is necessary to identify the specific conclusions with which the applicant disagrees. (b) the date of submission. Except in the cases provided for in § 20.402 for claims contested at the same time, an applicant or his representative must submit a duly completed notice of rejection with a decision of the Agency within one year from the date on which the Agency submits the notification of the decision on the decision by sending the notification of the decision by mail. The date of dispatch of the letter of service of the decision shall be deemed to be the same as the date of that letter for the purpose of determining whether an appeal has been lodged in good time. (4) Specificity required by the form. Where the authority of the court of origin has notified that judicial decisions have been taken simultaneously on several issues, the specific conclusions with which the applicant disagrees shall be determined to the extent required by a form provided in accordance with paragraph (a)(1) of this Section. If the applicant wishes to appeal against all matters decided by the authority of the court of origin, the form must clearly indicate this intention. Problems that are not indicated on the form are not considered contested.

(3) VA has announced a decision prior to the effective date and, pursuant to the Secretary`s approval to participate in a testing program, the applicant shall select the modernized verification system by filing a complaint pursuant to 38 U.S.C. 7105 or a review option under 38 U.S.C. 5108 or 5104B.b) Modernized Verification System. The modernized review system refers to the current legal framework for handling claims and complaints, as defined in Public Law 115-55, and any changes thereto in force at the time of its entry into force. The modernised review system shall apply to all applications, applications for the reopening of legally established claims and requests for review based on a clear and unambiguous error for which the VA makes a first decision on or after the date of entry into force, or as otherwise provided for in point (d) of this Section. Except in the cases provided for in Article 19.52(b), the submission of additional evidence upon receipt of notification of an adverse finding shall not extend the time limit for lodging or closing a complaint against that finding. .