[Veteran needing help with HLR]

Good afternoon,

I needed some advice in regards to my current VA battle for an effective date change.

 

THANK YOU IN ADVANCE

Timeline:

April 2013: (During Service) I was taken to the emergency room for headaches and nausea where CT scans were taken. This occurred during training on active duty.

- ever since then they have only worsened

Feb 12 ,2018: Filed Claim for headaches

May 4,2018: Claim DENIED for headaches

I was unaware of supplemental claims and truly didn't think I had anything to prove the decision was incorrect so years went by.

October 20,2020: Opened claim for headaches again (no new evidence, and didnt know a supplemental was needed) However, somehow I was granted a C&P exam. During the C&P exam with a VES Neurologist, he was able to pin point the incident that occurred in 2013 during Active Duty where I was sent to the ER for headaches. He confirmed it was service connected.

October 21,2020: Claim closed (denied), The VA closed it and told me that I had to submit a Supplemental since I had already been denied for headaches previously (2018). So I submitted a Supplemental Claim, stating that I would like to have the same C&P report that was most recently done to support my claim for service connection. (Again nothing in my file changed in 2018-2020 in regards to headaches, this VES Neurologist (2020) was able to locate the incident that occurred during my service whereas in 2018 it seemed like they just didn't catch that incident.

October 23,2020: Claim for headaches approved 30% (effective 11/1/2020)

Nov 6,2020: VA received my HLR for effective date change.

My decision letter from 2018 states:

• "Service connection for headaches is denied since this condition neither occurred in nor was caused by service."

 

October 20,2020

Service connection for headaches.

• Service connection for headaches has been established as directly related to military service. (38 CFR 3.303, 38 CFR 3.304)
• The effective date of this grant is October 20, 2020. Service connection has been established from the day VA received your claim. When a claim of service connection is received more than one year after discharge from active duty, the effective date is the date VA received the claim. (38 CFR 3.400)
• An evaluation of 30 percent is assigned from October 20, 2020.
• We have assigned a 30 percent evaluation for your headaches based on:

                          - Characteristic prostrating attacks occurring on an average once a month over last several months