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Ignored Issues On My Nod?

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Draggin'

Question

I issued a NOD with 31 issues to be considered. I received a SOC (Statement of Case) from the DRO addressing only 27 issues.

On this NOD I also mentioned bilateral and secondary conditions to consider. In the SOC it mentions no consideration, denial or reasons for denial of anything bilateral or secondary. It practically restates what the original award/denial letter did.

They didn't get all of my medical records, and I didn't think I would have to supply the VA records. But I did and I know that part now-that's water under the bridge.

I still have time to get an appeal in, but I'm wondering where to go from here concerning the actions of the DRO and the Regional Office. Do I appeal what they have done and not considered?

Does my appeal to the BVA cover my disagreement with the original decisions or does it cover my disagreement with how the NOD was handled. 2 appeals? A CUE? I have no idea where to go from here.

Very discouraged and frustrated.

Draggin'

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Since my post, I have figured out the following. If I may, a quote from BroncoVet's post in a different thread on these forums:

"Unfortunately for Veterans, EVEN when the Regional Office FAILS to adjudicate a claim, that claim is assumed to be denied (in other words "deemed denied"), and the appeal period begins to run."

So in my appeal (Form 9), if something wasn't discussed by the RO in the statement of case ( SOC ) , I just treated it as something that was denied.

31 is a LOT. This whole thing could have been organized better from the start, but my original VSO worded it all for us. I had not seen a doctor prior to applying, so it was all a big mess of symptoms. We have since combined some of the symptoms/problems into more encompassing issues. Such as fibromyalgia, etc. Not that I think they're more likely to award me for any of these disabilities, but they're probably more likely to actually READ the paperwork this way.

The VA has scheduled me for 2 C&P exams since I sent in the Form 9 appeal. We'll see what happens from there.

Hope this helped some of you.

Draggin'

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