At least as likely as not.

[rsmith850]

I applied for migraines in 2015 and was denied. I reapplied this year and the same C&P examiner gave a different opinion.  Where should I go from here?

[Berta]

It is possible you could attain a better EED.

But that depends on the 2015 denial.

Did they rate you at all, but as NSC? in 2015?

Can you scan and attach the 2015 denial to include the evidence list they used?

Cover your C file #, name, address, prior to scanning it and attaching it here.

Every veteran who succeeds in obtaining SC for a past denial of the same SC should go over their older denials carefully-perhaps VA did not have the evidence they needed in the past denial, but perhaps they did have it.

Often the VA has the SMRs, that would reveal a service nexus but that does not mean they thoroughly reviewed the SMRs.

Sometimes an initial disability ,with an established nexus, does not raise to a ratable level, but that would warrant a rating of "0" SC, far better than "0" NSC, which would be an award instead of a denial

The denial might be correct as it stands but we have many very good members here who can see if you have a basis for a 3.156 claim or a CUE claim.

 

 

Edited September 12, 2019 by Berta