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DIDURAE

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  1. Hello All I am new to this forum and I'm hoping to get advice on resubmitting my claim for CUE and asking for HLR. I received a denial of CUE from the RO last month and I'm not sure how to proceed. I found this page AFTER denial. As of now, I plan to resubmit. Here is what happened. Rating decision from May 2006 states "Service connection for headaches is denied because this medical evidence of record fails to show that this disability has been clinically diagnosed." Your service medical records how you reported for headaches in September 1988 after being involved in a traffic accident, again in March 2001 and February 2003. VA examination noted headaches, mildly symptomatic. You take over-the-counter medication. You indicated that you have had headaches for the last 5 years. Currently, you get occasional headaches that go away by taking Excedrin. Examiner noted that you are not in any acute distress. There is no evidence of a current disability. Service connection for headaches is not established." I filed my claim 2 months after I got out of service. My questions are below: **I'm not sure what they mean by "not clinically diagnosed." I complained and was treated at least 10 other times for headaches (which examiner made it seem like I only went 3 times). Shouldn't examiner look at ALL the evidence? **VA examination noted headaches. Wasn't that enough to service connect? **Couldn't VA have service connected based on me being able to articulate my symptoms? **Would it make a difference that I originally claimed headaches in 2006, but was awarded for Migraines in 2021? Different types of headaches **I'm SC for sleep apnea and hypertension. Isn't there something about looking at all avenues of service connection? Fast forward to 2021, I was service connected for migraines at 50% using the same records I used back in 2005. The doctor's DBQ opiniated those migraines started while I was on active duty and that I am entitled to service connection due to STR documenting treatment while in service. The CUE denial says "The decision to grant compensation from June 2021 for migraines is not considered to have been clearly and unmistakably erroneous because the alleged error involved an exercise of judgment which cannot be characterized as undebatably erroneous. (38 CFR 3.105, 38 CFR 3.400). We assigned a 50 percent evaluation for your headaches based on: Very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability. **I argued for an earlier effective for the May 2006 decision based on CUE, NOT the June 2021 decision. What error involved judgement........2006 decision or 2021 decision? **How do I find regulations in effect in 2006? This is so confusing to me. Any advice would be greatly appreciated.
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