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.
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Shyne-I
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
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?
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.
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