Claim denial and cue help

[disascottc]

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 September 26, 2022 by disascottc
Correction of spelling

[disascottc]

27 minutes ago, pacmanx1 said:

This part of your post is not correct, you do not have to believe me, but the bottom line is it boils down to the wording of how CUE claims are filed. There is a lot on this web site about filing CUE claims and it should be here somewhere, I know Ms. Berta used to talk about it a lot. 

 

Good to know thank you definitely gotta figure it out 

[broncovet]

There is a specific order that VA will follow:

1.  Determine Service connection.  If service connected move to next step. 

2.  Disabililty percentage.  

3. Effective date.  

    You need to keep these in order, get service connected before appealing an effective date.  

My advice is to file a nod if your HLR was within a year.  When possible, always dispute your decision within a year, by filing a nod.  

If its too late to file a nod on the HLR, then you will need to file a supplemental claim, probably bolstered with new evidence.  

You can file a cue at any time.  To determine if there was a cue, would take a complete review of your records.  In the mean time file a supplemental claim.  Try to make sure you have the Caluza elements even tho its possible it could be presumptive.  

Presumptives depend on the year, your location, and more factors, such as whether or not you were boots on the ground.  If you think you meet the presumptive criteria, by all means go for it and fight against the denial.  

 

[Kitkat]

I have no expertise in this area so it’s just a thought.

im not sure where the burns are located but they can cause Chronic Neuropathic Pain in some cases. Migraines are linked to certain nerve pain as the trigger I think. Does he still have residual pain from the burns?

[Whodat]

Migraines are tough to get for some people but not all. Don't give up. Keep fighting. 

I had filed for migraines direct service connection and secondary for my serviced connected disabilities such as tinnitus and PTSD. I am diagnosed with migraines and take meds for it. 

The first denial was tinnitus does not cause migraines. I agree but tinnitus can trigger migraines as well as PTSD. Got a DTA had another exam and the NP stated that I did not have migraines, I have cluster headaches and the less likely that tinnitus or PTSD doesn't cause migraines. I never said that it did but it does trigger them. Denied again. 

As one of our elders on Hadit stated, claim headaches and let the VA do the leg work. I think that the reason I was shot down is because I claimed migraines instead of claiming headaches.

I even had a head ct scan which the report stated that what was found could be the cause of my headaches. 

[pacmanx1]

IMHO (IN MY HUMBLE OPINION) I think that the only reason headaches are hard to get rated is because of the fact that headaches are subjective, headaches are hard to treat, and they are really based on the individual. How one person manages a headache may be totally different than another person and some medications do not work for some individuals like they work for others. I am quite sure I went through all the triptans before it was explained to me that I can't tolerate any of them and was told that I could not take headache medications due to my spinal cord (nerve) injury and medications.

P.S. Don't let the VA fool you, the BVA/CAVC and the 38 CFR has only 1 (one) rating category for headaches and that means that it really does not matter what type of claim a veteran files for headaches, the VA is supposed to consider all types of headaches, migraines, clusters, sinus, tension or any other diagnosis or labeled disorder. Please get familiar with Clemons V. Shinseki Precedent decision that includes that the VA is supposed to determine the rating based on symptoms not diagnosis. Yes, a veteran must have a diagnosis but in the case of something like filing a claim for some type of headaches (head pain) the VA is supposed to review the record and then develop which one is best or closest to be rated and award from there.  

 

[Mr cue]

9 minutes ago, pacmanx1 said:

Don't let the VA fool you, the BVA/CAVC and the 38 CFR has only 1 (one) rating category for headaches and that means that it really does not matter what type of claim a veteran files for headaches, the VA is supposed to consider all types of headaches, migraines, clusters, sinus, tension or any other diagnosis or labeled disorder. Please get familiar with Clemons V. Shinseki Precedent decision that includes that the VA is supposed to determine the rating based on symptoms not diagnosis. Yes, a veteran must have a diagnosis but in the case of something like filing a claim for some type of headaches (head pain) the VA is supposed to review the record and then develop which one is best or closest to be rated and award from there.

I really think this be the problem I feel veterans should just apply for just headaches.  Not Tension headaches migraines etc 

Same for mental health.

To many conditions. Depression  PTSD etc 

I apply for mental health an let the VA call it what ever they feel. I had evidence.

I would do the same for headaches an let them address the evidence.