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NOD, CUE or just refile?
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Jesse Witthoft
It's a mess and a long story, but I don't know what my best course of action is.
I have a rare genetic condition, Ehlors-Danlose syndrome(EDS). It got discovered a few years after I got out of the military.
I was already service connected for a shoulder issue which actually was a manifestation of my EDS.
I claimed EDS the first time in 2013. I framed it that my shoulder condition is actually my EDS. A few years later I got a statement of the case; denied, "the service connected shoulder condition is a separate issue from the EDS"
So, I went and got IME that clearly links my EDS to my time in service. December 2017 I filled a new claim the EDS along with ten other items.
Got the decision back March 2018, denied on all counts except my EDS which did not receive a decision at all; mentioned no where in the decision. Like I never claimed it. Also the new evidence I summited was not mentioned in the list of evidence used to decide my claim.
Then I filled a CUE March of 2018, stating the evidence was not applied to my claim properly and I had a decision missing for EDS.
Then in February of 2019 I filled a NOD against the same claim. The CUE only listed EDS and I did not want the other 10 items I claimed to not get reviewed.
Now, last month my CUE got closed with no decision being issued.
So, now my EDS is not under review...
Which leads me to the question... Wait for the NOD decision, or just refile my EDS in a new claim
Extra info: I just moved from the CA bay area to Albuquerque NM so now I will have a new regional office and a new set of eyes on my claim.
I feel like this has been a violation of my due process and the neglect to apply the evidence to my claim is criminal.
The combined stressors of my PTSD, chronic pain, moving stress and the VA's royal run around is a little much for me right now. Hadit I have had it.... Please help
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