Chances Of Winning Cue Based On A Well Grounded Claim

[Shyne-I]

Hi Everyone,

Could anyone tell me if I could possibly claim a CUE for the denial of service connection for headaches based on the fact that I believe that the claim is well grounded.

A well-grounded claim is a plausile claim, one which is meritorious on its own or capable of substantiation. Such a claim need not be conclusive but only possible to satisfy the initial burden of 38 U.S.C.A $5107(a). Murphy v. Derwinski, 1 Vet. App. 78,81(1990).

My service medical records do show treatment for headaches and I also reported sinus headache on my VA examination. My concern or argument would be that I complained of headaches in service as a part of a constellation of complaints and a specific disorder manifest by headaches were never diagnosed before a July 1994 assessment of tension headaches. There was also complaints of frequent tension headaches noted on my separation examination. The 1995 VA examination shows my complaint of sinus headache and the diagnoses were mild frontal sinusitis, history of UTI, and sinus headaches. With using this a my contention for a CUE, does anyone think that I have a chance of winning? I was also thinking about the fact that they did not supply me with a statement in the Reason and Bases section as to why it was not a well grounded claim. Any thoughts or opinions??

ISSUE:

1. Service connection for sinusitis.

2. Whether the claim for headaches, and urinary tract infection is well grounded.

EVIDENCE:

Service Medical Records November 1993 to November 1994

VA Examination dated 02-17-95 from VA Medical Center Lake City FL.

DECISION:

1. Service connection for sinusitis is granted with a 0 percent (noncompensable) evaluation assigned.

2. The claim for headaches, and urinary tract infection is not well grounded.

REASONS AND BASES:

The veteran contends that service connection should be granted for headaches, sinus condition, and urinary tract infection, based on onset of the conditions during service.

Service medical records were reviewed and considered. Enlistment examination 11-18-93, noted no abnormal findings regarding claimed conditions.

The veteran was evaluated in March 1994 for complaint of sinus congestion. Assessment was upper respiratory infection. Evaluation in July 1994 noted some maxillary sinus tenderness with complaints of left ear pain and drainage, and temporal headaches. Evaluation in August 1994 noted complaints of headaches and slight ear pain. Examination noted right maxillary sinus tenderness. Assessment was allergies.

The veteran was evaluated in July 1994 for complaint of headaches. Assessment was tension headaches.

Service medical records indicate treatment for a urinary tract infection in May 1994.

Separation examination 11-18-94, noted history of frequent tension headaches and frequent sinus infections.

The report of the VA examination 02-17-95 was received. The veteran complained of sinus headache, chronic sinus problems, and post-nasal drip with sore throat. She reported that this condition has existed since 1993. She also gives history of upper urinary tract infection in May 1994 that resolved with treatment.

VA examination noted the following: There was some slight tenderness over the right maxillary sinus and right frontal sinus area. The nasal passages were slightly congested. X-ray examination of the sinuses showed clouding of the frontal sinuses suggestive of frontal sinusitis. Urinalysis was normal. Diagnoses were mild frontal sinusitis, history of urinary tract infection, and sinus headache.

Service connection for sinusitis.

Service connection is granted for sinusitis as the evidence shos onset of the condition(s) during military service.

[carlie]

Do I have the basis file and win a CUE claim? A VARO I filed my claim with forwarded my claim to another states' VARO. It states claim was denied because I failed to appear for C&P exams in a state I was not living in at the time.

I do not see that the above would meet the criteria, to win a claim under

the basis of a CUE.