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]

Thank you!  

For the supplemental they used his vamc records for 2013-22 and in service treatment records. and the new C&p and  lay statement. 
is that odd? 
 

[ShrekTheTank]

1 hour ago, disascottc said:

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. 

You need to keep fighting this.  I did not have one either, but I believe headaches are a presumptive for us.

 

Eligibility requirements related to time of diagnosis

If your illness or condition was diagnosed while you were on active duty or before December 31, 2021

You can get benefits for your illness or condition if both of these descriptions are true for you and you have one of these presumptive diseases.

Both of these must be true. Your illness or condition:

• Caused you to be ill for at least 6 months, and
• Resulted in a disability rating of 10% or more

And you have one of these presumptive diseases:

• Functional gastrointestinal disorders
• Chronic fatigue syndrome
• Fibromyalgia
• Other undiagnosed illnesses, including but not limited to cardiovascular disease, muscle and joint pain, and headaches

[disascottc]

That’s what I thought! So earlier effective date  should be an achievable thing I saw this before. 

[Stayfocus]

5 hours ago, disascottc said:

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 

Cue is a last resort, you get one shot at it.

don’t go at it alone.

[pacmanx1]

8 minutes ago, Stayfocus said:

you get one shot at it

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. 

 

[Stayfocus]

1 minute 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. 

 

Keep us posted.