Jesse Witthoft

Oceanbound, I changed my address before the decision was closed. Vync, I have power of attorney thru Amvets and I plan on going to see my local rep to follow up on this issue. I also called the 1-800 #, was on the phone for over an hour with them. It took a long time for her to get any info on the CUE. From there end it looks like the CUE was closed with no decision issued and combined with the NOD. But, I asked then if they are combined than why is my EDS no longer listed it the items under review. The VA rep said "well maybe they will give you a decision for it". I told her I claimed EDS in 2017 no decision, filled a CUE in 2018 for EDS no decision. Now it's not listed in my NOD and you think I'm going to get a decision. I sure as hell am not holding my breath.

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

Well that was a long wait for nothing. My CUE claim was closed without a decision being issued. I currently have a NOD filed for the same claim. Does that make it ok to close a claim with no decision. The real kicker is the main issue (Ehlers-Danlos Syndrome) that I claimed originally, that never got a decision (the reason I filed the CUE); did not get rolled in my NOD. I think I might just file a new claim, it will get me in the new track. Which will get me to a higher court faster. Since my EDS is no longer on appeal (because of VA negligent/fraudulent actions) it is open to filing in new claim. Then when it gets approved I will file another CUE to get the retro active back pay. I turn to Hadit because I'm at the end of my rope. I do the leg work to make a bulletproof claim, so what does the VA do. Nothing, just close the claim with no decision...

Update... I have an active claim on eBenefits, show up "under review". So far there is only the one part of the claim that they missed. So, it looks like since my IME was in the evidence considered, but just not listed separately they may not reopen the entire claim. If this is the case at least now I know the are more likely to look at my IME and hopefully it will at least be mentioned in the decision.

Update... First off thanks for the feed back and I really mean this. I have been reading post and studying this site and the tangents it has lead my down for years and it has taken me from 20% to 90%, life changing. Thank you all. Today I went to my regional office in Oakland. I played it mellow first asking about the lack of my IME listed in the "Evidence Reviewed" section in my decision. The guy helping me found it in one of the other two groups of document that I submitted on at the same time back in December. It was at the end of a ten plus page ER record that was from when I was injured on leave with a private hospital during active duty. I'll bet the farm that my IME was never read. He then was trying to move me along saying that I could fill out a statement but it might not mater. Then I brought up the fact that on of the things I claimed was not addressed what so ever in the decision packet. After some looking around he saw that I was correct and filed it as a CUE right there on the spot. I submitted a statement stating the facts and I resubmitted my IME. He gave me copies with info on the top as proof of the transaction and said to watch my eBenefits for the claim to go live again. Round 2 fight... No lets all pray that my IME hold weight and I will get the decisions I've been working toward all these years. Thank Again Jesse P.S. He also mentioned there was a presidential mandate that goes into effect Feb. 2019 that all appeals be handled within 120 days and that groups of appeals are already going down this pipeline in test batches.

Issue #1. I've been filling claims since 2009. Steadily getting increases. I filed a bunch of new claims and got denied. I felt that these claim should be SC and did not want to wait the year+ to get a SOC with another denial (been there done that). So I decided to get an IMO related to these claims. I filled a new claim/reopen after I entered my IMO and additional new evidence related to my claims. I recently received a decision on from this claimed most of which was denied. When I looked at the list of evidence used to decided my claim my IMO was not used as evidence and was no mention of it anywhere in my decision packet (as if the VA never received it). There were documents entered as evidence that I summited at the same time that were listed as evidence used in my decision. So, still not wanting the long wait and repeat decision I have requested a local hearing to add evidence to my claim. Issue #2. Also one of the things that I claimed is not mentioned is the decision at all? Questions: Am I taking the right course of action? What should I expect at a local hearing? How long have others waited for a local hearing? Have others had good results with similar circumstances? Is it likely that my IMO was overlooked/ignored? If you go by the CFR with my IMO I was sure my claims would be granted. Pending that my IMO was not discredited in some way. I was surprised that it was not mentioned at all. With Issue #2. Has anyone had this happen before? Is this a CUE? Am I taking the right course of action with issue? Thanks for the feedback.

So, I’m not totally sure what my best plan of action is. I will lay out a time line and then a few questions 2001-2005 Active duty USAF Honorable discharges 2009/ entered VA system and filed a SC claim for tinnitus and tendonitis of the right shoulder Approved 10% tinnitus Approved 10% tendonitis of the right shoulder 2011/ diagnosed with Ehlors-Danlose syndrome, a genetic connective disorder 2011/ filed for NSCD and SSID for the EDS, got NSCD first and then got and switched to SSID 2013/ filed SC for EDS, not a new claim but under the shoulder claiming that the tendinitis was a misdiagnose. When I was at my DBQ the C&P examiner said that he could only look at the shoulder even though the EDS effects the entire body. It got denied and then I appealed. 2016 May/ filed new claim for EDS and an increase for the R shoulder 2016 April/ EDS appeal came back denied 2016 June/ got increase to 20% for right shoulder. No action could be taken for EDS because it was still under appeal. The letter and the C&P examiner said that I should file for the left shoulder as a secondary injury. So, I’m going to file for the left shoulder and depression related to chronic pain. Should I file the left shoulder first separately (since it seems like it will be run up and back quickly)or file them together? I also get headaches that are from me guarding my shoulders should I file for that or is that pyramiding? Then there is the EDS: 1. Let it go… 2. File a new claim for it, not connected to the shoulder? 3. Reopen the original claim and send it to Washington? 4. Other? Finally, the 20% for the right shoulder is that the best rating I can get with good range of motion? Thanks for your time and advice… Jesse