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Hello Defenders of freedom!
I have a question pertaining to this denial for headaches. The decision letter is quoted below.
3. Service connection for headaches.
“We may grant service connection for a disability which began in military service or was caused by some event or experience in service.
Your STRs are negative for any treatment of or diagnosis of headaches. On your post-deployment exam in 2005 you denied any headaches. On separation, you denied any headaches. VA treatment records are negative for any treatment of or diagnosis of headaches. On VA exam, the examiner stated there was no evidence of any residuals of a traumatic brain injury.
We have denied service connection for headaches because the evidence of record fails to show this disability was incurred in or caused by military service.”
From my understanding these 3 points must be overturned to successfully win a CUE case:
1) The decision made by the department was because of incorrect facts, or the department applied an incorrect law.
2) Show that that error of fact, or that error of law is undebatable; and basically any normal person would see the error(s).
3) Then show that that error(s) caused the veteran their entitlement to service connection.
@Berta, or veterans out here who have knowledge/experience, tell me what facts you think would be needed to prove this denial for headaches was an error?
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