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Nod Dilema - It's In, But Found 3 Unadjudicated Claims Fm 2012 Claim (Focused On What Was Addressed, Failed To See What Wasn't)
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GlassRose1500
I was looking at my(VA form 21-438) fm early 2012 to quote some language, and found three unadjudicated claims for SC / Comp, including lower left radiculopathy related to SC IVDS/DDD, and Cervical Spine Condition with bilateral upper radiculopathy.
I cannot believe I didn't catch that - I was so focused on what they did address I forgot to look at what they didn't (and they didn't - in any way shape or form - not as deferred, just no mention).
The NOD is in, and doesn't include any info about these unadjudicated issues, but as I understand it they will remain open until adjudicated, so there is no ticking clock. The NOD as it is written seems to going FAST (went from stamped (Nov 21, 2014) to Under Review (like, three weeks later), then Gathering Evidence (in about a week)).
So I'm inclined not to complicate things with unadjudicated stuff. Think that's the right call?
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Any claim not mentioned specifically in a letter of explanation of a decision for benefits is deemed denied if not delineated as being deferred or requiring further investigation. If they don't mentio
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