3 Points Needed to Prove Adjudication Made a CUE

[MAC64]

Hello Defenders of freedom!

I have a question pertaining to this denial for headaches. The decision letter is quoted below. 

 

3. Service connection for headaches.

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

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."

From my understanding these 3 points must be overturned to successfully win a CUE case:

 (1) either the correct facts, as they were known at the time, were not before the adjudicator or the statutory or regulatory provisions in existence at that time were incorrectly applied; 

(2) the error must be undebatable and of the sort which, had it not been made, would have manifestly changed the outcome at the time of the prior determination

and (3) a determination that there was CUE must be based on the record and law that existed at the time of the prior adjudication in question.  

@Berta, or veterans out here who have knowledge/experience, tell me what facts you think would be needed to prove this denial for headaches was an error? 

Edited August 15, 2019 by MAC64

[vetquest]

I personally would not file a que on this.  I still agree with Broncovet that you need to reopen your claim with new and material evidence, ie your service records from your cfile.  

[GeekySquid]

16 minutes ago, vetquest said:

I personally would not file a que on this.  I still agree with Broncovet that you need to reopen your claim with new and material evidence, ie your service records from your cfile.  

He can still file for New and Relevant (current standard under AMA) and file a cue. They are not mutually exclusive.