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Claim denial and cue help

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disascottc

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Good morning need some help with trying to figure out whether or not there is a Cue in original claim my husband filed. 
claim was started 2013 June was when it was submitted decision April 2014. 
 

2013, April seen for headaches imaging done. June 2013 separation physical states H/o headaches and medication prescribed for headaches. 
actual separation July 6,2013. Right after returning home within a week, was seen by new primary care VA doctor and ongoing for the duration of claim was seen multiple times for headaches and medication.  VA claim for headaches was denied reason stating.;

although there is a record of treatment in service for migraine headaches, no permanent residual chronic disability subject to service connection is shown by the service medical records, or demonstrated by evidence following service there for service connection for migraine headaches is denied. 

also, in a listed evidence used to determine these decisions VAMC records are not listed

My husband was handling his claims alone, and wasn’t aware of how the process worked for not agreeing with the decision. This year we went out again and submitted a supplemental claim for headaches. The added evidence was My lay  statement as well as his C&p exam and the remainder of time since denial of VA medical records. And were approved service connection, but we are trying to Achieve an earlier effective date. We are pending c file request and don’t know what actually got considered and what didn’t please help don’t know if this is a cue  thank you 

Edited by disascottc
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You posted:

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no permanent residual corner disability subject to service connection is shown by the service medical records, or demonstrated by evidence following service there for service connection for migraine headaches is denied. 

Im not even sure what a "permanent residual corner disability" is.  This said, its true that you have to have a "current diagnosis", along with applicable "ongoing" symptoms.  

Start with the basics:  Do you have the caluza elements documented?  IF you dont have the CAluza's documented, any error can be "harmless error".  In other words, if you have a current diagnosis, an IN SERVICE EVENT, as well as a nexus, then you should be able to get SC.  The question is what percent, and what effective date.  

But if you dont have those caluza elements documented, then you are not gonna get sc...errors or no errors.  Example:  VA mispells a word.  Is this an error?  Yes, is it CUE?  No.  Cue errors have to be outcome determinative, and the mispelling of a word is unlikely gonna mean you now qualify for benefits.  

To get a cue approved, you are gonna have to have an "outcome determinative error" based on evidence in your file at that time, which is undebatable.  

 

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I wouldn't do a cue yet you have time to appeal the effective date for the granted headaches.

Make sure you do the appeal to the bva In The time period allowed.

Once you get the record I would write a statement with the dates of all treatment and what the doctor said.

I believe now we have to help the VA address our records by give dates of exams an treatment and what was said by the doctors.

Good luck 

My thing is if the claim was final how did they reopen it.

Did they use his service records?

 

 

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Is a nexus even necessary if within the year of getting out? 
STR diagnosed headaches 4/13

vamc diagnosed in record 7/13

My husbands headaches were noted in STR  as started after return from deployment. He is currently SC but an asking whether a cue is made based on the evidence of vamc records not listed. 


 


 


 

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1 hour ago, disascottc said:

This year we went out again and submitted a supplemental claim for headaches. The added evidence was My lay statement as well as his C&P exam and the remainder of time since denial of VA medical records. And were approved service connection, but we are trying to Achieve an earlier effective date.

If I understand your post correctly, your husband was recently awarded service-connection for his headaches. If this is the case, you do not need to file a CUE claim, but a Timely Disagreement (within a year of the decision notification) would be a lot easier and depending on the evidence of record would still protect the veterans’ earlier effective date. For whatever reason the VA loves to screw up veterans’ effective dates and rating percentages.

When and where did your husband serve and was, he ever deployed in the Gulf War? As stated, the VA loves to screw up veterans’ disability compensation by saying that the veteran did not have an in-service event where the records clearly show that the veteran was seen multiple times while on active duty, but the VA will say that the treatment was acute even when the records say that the condition was recurring or chronic.

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My husband served from 2008-2013. Deployed to Afghanistan and Qatar 2012. He complained of headaches after coming back from his deployment. Besides exposure to certain things the only other reason I could connect two would be the 2nd/3rd degree burn from flash burn when working on 200 amp electric cables that arched. 
it seems they do like to screw vets effective date I’ve been trying to help with understanding it all and it’s confusing.

we did try the HLR route after approval and their reasoning to keep it all the same was ;

Rating Decision dated April 1, 2014, denied service connection for migraine headaches because the medical evidence did show a diagnosis of a chronic headache condition at that time. VA examination from November 2013 reveals there was no pathology to render a diagnosis of a headache condition. We notified you of this decision in our letter dated April 3, 2014. 

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