38 C.F.R. § 19.28

Determination that a Notice of Disagreement is inadequate protested by claimant or representative

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Whether a Notice of Disagreement is adequate is an appealable issue. If the claimant or his or her representative protests an adverse determination made by the agency of original jurisdiction with respect to the adequacy of a Notice of Disagreement, the claimant will be furnished a Statement of the Case.

(Authority: 38 U.S.C. 7105 (2016)) [57 FR 4104, Feb. 3, 1992, as amended at 84 FR 178, Jan. 18, 2019]

Notes of Decisions

Cited in 4 cases, 2005–2018 · leading case: Alfonso Medrano v. R. James Nicholson, 21 Vet. App. 165 (Vet. App. 2007).

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Alfonso Medrano v. R. James Nicholson, 21 Vet. App. 165 (Vet. App. 2007). · cites it 2× “at 377 ; see also 38 C.F.R. § 19.28 (2006) (SOC must be issued upon receipt of an NOD); 38 C.”

Lawrence E. Woznick v. R. James Nicholson, 19 Vet. App. 198 (Vet. App. 2005). · cites it 4× “See 38 C.F.R. § 19.28 (2004); see also 38 C.F.”

John H. Harris v. R. James Nicholson, 19 Vet. App. 345 (Vet. App. 2005). · cites it 2× “Harris continued to believe his letter presented an adequate NOD to a decision of the RO, he should have objected to the Secretary rather than the Court. “If the claimant or his or her representative protests an adverse determination made by the agency of original jurisdiction…”

14-10 069 (Board of Vet. App. 2018). “38 C.F.R. §§ 19.28 , 19.29, 19.30. Technically, when there has been an initial RO adjudication of a claim and a notice of disagreement has been filed as to its denial, thereby initiating the appellate process, a remand is required for procedural reasons.”

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