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

[pacmanx1]

Don’t be fooled, 38 CFR 3.156 is more than (A) (B) and or (C).  (D) includes Supplemental claims and evidence that was not included in the original decision and states that the AOJ (Agency of Jurisdiction) will re-adjudicate the claim taking in all of the evidence of record.  Pay close attention to the highlighted regulation which directs VA to follow the same as 38 CFR 3.156 to review the entire record to determine the veteran’s effective date. The local VAROs ignores this and force the veteran to file an appeal.

“New and relevant evidence. On or after the effective date provided in § 19.2(a), a claimant may file a supplemental claim as prescribed in § 3.2501. If new and relevant evidence, as defined in § 3.2501(a)(1), is presented or secured with respect to the supplemental claim, the agency of original jurisdiction will re-adjudicate the claim taking into consideration all of the evidence of record.”

eCFR :: 38 CFR 3.156 -- New evidence.

(a) New and relevant evidence. The new and relevant standard will not impose a higher evidentiary threshold than the previous new and material evidence standard under § 3.156(a)

(1) Definition. New evidence is evidence not previously part of the actual record before agency adjudicators. Relevant evidence is information that tends to prove or disprove a matter at issue in a claim. Relevant evidence includes evidence that raises a theory of entitlement that was not previously addressed.

eCFR :: 38 CFR 3.2501 -- Supplemental claims.

[Stayfocus]

1 hour ago, pacmanx1 said:

Don’t be fooled, 38 CFR 3.156 is more than (A) (B) and or (C).  (D) includes Supplemental claims and evidence that was not included in the original decision and states that the AOJ (Agency of Jurisdiction) will re-adjudicate the claim taking in all of the evidence of record.  Pay close attention to the highlighted regulation which directs VA to follow the same as 38 CFR 3.156 to review the entire record to determine the veteran’s effective date. The local VAROs ignores this and force the veteran to file an appeal.

“New and relevant evidence. On or after the effective date provided in § 19.2(a), a claimant may file a supplemental claim as prescribed in § 3.2501. If new and relevant evidence, as defined in § 3.2501(a)(1), is presented or secured with respect to the supplemental claim, the agency of original jurisdiction will re-adjudicate the claim taking into consideration all of the evidence of record.”

eCFR :: 38 CFR 3.156 -- New evidence.

(a) New and relevant evidence. The new and relevant standard will not impose a higher evidentiary threshold than the previous new and material evidence standard under § 3.156(a)

(1) Definition. New evidence is evidence not previously part of the actual record before agency adjudicators. Relevant evidence is information that tends to prove or disprove a matter at issue in a claim. Relevant evidence includes evidence that raises a theory of entitlement that was not previously addressed.

eCFR :: 38 CFR 3.2501 -- Supplemental claims.

 

That is what happened to me. I was granted sc back in 2020, but effective date only went back to 2017 not 1995 the date of original claim.

Im in a BVA appeal right now.

[Stayfocus]

2 hours ago, SgtKidJoe said:

I think that is incorrect. The point of filing after a year is\can be documentation. I'm fighting this now w/ the VA

I filed a claim in Oct 2014 for SC for RT foot Arthritis due to jump requal injury. March 2015, VA said, you had injury but not disability, even though I had multiple medical visits due to damage to both feet. Said it wasn't service connect.

I filed a supplemental claim Jan 2017, and included the copy of my TAD orders, which they did not have, did not search for even though they are supposed to have a duty to assist. was granted SC, but effective date was date of supplemental claim. I found in 38CFR, that official documentation (TAD orders) were cause for the change of original date of claim.

So now that sits before the BVA, pending 25 months of 20% in backpay and correction of date of award.

I filed a CUE, but the VA doesn't have a duty to assist and IMO, a waste of time and effort., and was denied.

File your NOD or Supplemental claim, and review the 38 CFR for the documentation needed to get the change of date.

What BVA lane did you choose?

[SgtKidJoe]

On 10/4/2022 at 6:50 PM, Stayfocus said:

What BVA lane did you choose?

To be honest, I don't remember.

[Whodat]

Sounds like to but correct me if I am wrong,  but the RAMP started around mid 2017. You had to elect to go into ramp. Feb 2019 is when the AMA went into full effect. I bet you still fall under the Legacy system.