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Question
BigRed
Hello Everyone and thank for all of your help and service. I desperately need your advice because I am at a roadblock. Here is my info:
Filed Claim April 2005 - Throat condition, nasal infections and headaches, skin disorder
Denied December 2005
*C&P exams were received by VA on December 15 but never used in December decision. PTSD was diagnosed as cause of headaches and nasal polyps were diagnosed during these C&Ps. The doctors linked both to the Gulf War. I did not send a NOD and that was that.*
August 2010 I opened a new claim for Throat condition, nasal infections and headaches, skin disorder, CFS and Fibromyalgia.
Denied April 2011. Sent NOD 1 April 2011.
December 2011 VA realizes that the C&Ps from 2005 were never used in the 2005 decision and sent me another rating decision letter stating they have looked at the C&Ps from 2005 and the denial is confirmed and continued. Isn’t this VA cueing themselves?? They list the C&Ps in the decision letter but fail to mention the diagnosis of PTSD and nasal polyps. I disagree with VA and think that service connection should be granted back to original claim date of April 2005 and send NOD 2 May 2011.
June 2014 I receive a DRO Review Officer decision letter granting sc for PTSD, throat condition, nasal infections and headaches, skin disorder with an EED back to August 2010. CFS & Fibro were deferred.
My question is what about NOD 2 requesting the EED. It is listed in eBenefits under historical claims as if it has been resolved but I have not received anything in writing. Doesn’t VA have to legally address all NODS? I have sent my VSO 4 inquiries about this but he won’t return my calls etc.
Thanks,
BigRed
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