[Clarification From A Post In 2006]

Hi Berta and Carlie,

I saw this post and wanted to know when you asked, "if they denied stating that the claim was not 'well grounded'?", can that be a basis for a CUE? I filed a claim for headaches and sinusitis. I was granted a noncompensable rate for sinusitis but the claim for headaches was denied because it was not well grounded, but there were at least 3 different occassions when I was seen for headache complaints and even once were they assessed it as a tension headache. On my separation examination it noted a history of frequent tension headaches and frequent sinus infections.

Any ideas about it not being well grounded and whether or not this is a CUE?

Posted 24 May 2006 - 09:22 AM

Renne- I agree with Carlie as to the CUE claim-

It is the only way a claim, that has been denied and never appealed, can produce more retro-

I assume the other claim was denied and never appealed but then you re-opened.

Carlie is right- it takes studying CUE claims to understand their specifics-

In the denied 1996 decision did they account for the docs C & P statement in the old C & P at all?

Did they deny saying that claim was not "well grounded" ?

Did you have a migraine disability documented at that time?

The examples of CUE that Carlie gave you show you what VA needs- proof that a legal error in a past decision caused you loss of benefits.

Did they put a diagnostic code with a NSC rating for migraines on the rating sheet with that past decision?

GRADUATE ! Nov 2nd 2007 American Military University !


When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

[Hello All, I Am A New Member And Glad To Be Hear!]

Hello all,

First I just want to say thank you for this valuable site and information. I have been doing research and getting information from the site for almost a year. I am a Navy veteran and I have been out of the service since the end of 1994. I found this site by googling sinusitis claims. I was very ignorant to the process of filing claims until my mother's ex-husband ran into a family member at a funeral. He works at a regional office processing claims. He was the one that encouraged me to file my claim for an increase in sinusitis and to file a new claim for Fibromyalgia and Depression Secondary to Fibromyalgia.

Amazingly my claim was processing fairly quickly based on what I have read in other posts!! I recently requested an Expedited Claim based on financial hardship and it was granted!! My claim was just completed on yesterday and I am extremely anxious about the outcome. I have a sinking feeling that it has been denied based on the fact the my AB8 letter has not changed and neither has my information in Benefits Explorer I put so much time and research into my claim, they even inferred IU for my claim so of course I filled out the required forms for that as well. I was wondering if I am being prematurely apprehensive or if I am dead on in my assumption of a denial? This has me so tense and stressed...I am causing myself a lot of pain worrying about this but...I am in a desperate situation right now!!

Thanks in advance for any opinions or ideas