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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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MAC64

Denied SC for "Headaches" in 2010 | Poss CUE in 2019.

Question

 

Good day good defenders of freedom!

I was told to come here by my battle buddy!

I am SC for: 

PTSD 50%

Lumbar Pain 20%

Tinnitus 10%

R Ear Hearing Loss 0%

 

In 2005, I was involved in another IED explosion, this time it was VBID. I was thrown off a front end loader and landed on my back. I hit my head and was disoriented, my ears were ringing, and it was difficult to focus afterwards, I was not knocked unconscious. I was helped up by a fellow soldier, and began to help.

 

I filed for SC in 2009, and was granted SC in 2010. SC was denied for headaches and this was the denial explanation:

 

[“We may grant service connection for a disability which began in military service or was caused by some event or experience in service.

 

You report you have headaches occurring twice a day. They are not precipitated by anything in particular although you do report some light sensitivity. The headaches are in the frontal area of the head. You take aspirin for the headaches. Your STRs are negative for any treatment of or diagnosis of headaches. On your post-deployment exam in 2005 you denied any headaches. On separation, you denied any headaches. VA treatment records are negative for any treatment of or diagnosis of headaches. On VA exam, the examiner stated there was no evidence of any residuals of a traumatic brain injury.

 

We have denied service connection for headaches because the evidence of record fails to show this disability was incurred in or caused by military service.”]

 

*15 days prior PTSD C&P Exam: Examiner stated:

Medical History-

“veteran endorsed that his ears were ringing, he had dizziness, and had poor concentration afterward this blast.”

 

STR from 2006 show complaint of headaches and other symptoms associated with sickness. 

 

Documented complaints from 2006-2018 of TBI residuals via psychological sessions and physical therapy sessions via VAMC. 

 

Current diagnosis of Migraine headaches 2019. 

 

The original 2010 denial was not appealed and this will be my first time challenging it. 

 

Do I have a case for CUE based on the unmistakable face the TBI examiner did not review STR and, OR the PTSD C&P Exam? 

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Sorry @MAC64 I worded that poorly, what you did is exactly right you created a topic with your question. 

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welcome @MAC64 

First and foremost to understand your situation properly more information is needed.

To get that information in its clearest form please upload your Award Letters, all of them, DBQ's if you have them, Code Sheet and other supporting docs .

Cover your personal identifying data thoroughly. simple black marker doesn't work.. heavy sharpie or scan doc and redact using Word or PDF editing software.

CUE is a Clear and Unmistakable Error that has to be attacked using Law instead of just a difference in opinion or diagnosis.

Without seeing those docs I cannot say if CUE is probable but you should have a New and Material Claim.

The dates are important, and if the STR's were in place when the denial C&P occurred and the VA overlooked them then they are "new" and they are "material" to the denial.

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Posted (edited)
On 8/18/2019 at 1:48 AM, GeekySquid said:

welcome @MAC64 

To get that information in its clearest form please upload your Award Letters, all of them, DBQ's if you have them, Code Sheet and other supporting docs .

 

Thank you @GeekySquid for your reply. 

 

 

Edited by MAC64
I GET PARINOID, SORRY GOOD PEOPLE.

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16 minutes ago, MAC64 said:

I look forward to your reply. 

I will read them and hope others do too. It will be later that I can really dig into your docs so please be patient.

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29 minutes ago, MAC64 said:

I have redacted personal information for my documents listed below. 

okay took a minute and did a quick scan.

am I missing your TBI evaluation DBQ?

Where is the doctor's explanation besides "see nexus"?

please include the missing pages 1-3 of the initial decision I am looking for the evidence list and wording.

The doc basically says you had a TBI so where is the follow up DBQ and examination that should trigger, Duty to Assist comes to mind if they didn't give you an exam for that.

On 7/22/2019 at 3:26 PM, MAC64 said:

STR from 2006 show complaint of headaches and other symptoms associated with sickness. 

 

do you have other STRs like that?

Do you have a report or STR about the blast? date time etc?

can you get a buddy statement from that time?

there will be more but that is a start for you.

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