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NOTE:

VA Fast Letter 01-94.pdf

DEPARTMENT OF VETERANS AFFAIRS

Veterans Benefits Administration

Washington, D.C. 20420

October 19, 2001

Director (00/21)

VA Regional Offices and Centers

In Reply Refer To: 211

Fast Letter 01-94

SUBJ: The Nehmer lawsuit and the granting of retroactive payments for Type 2 diabetes.

Background

As a result of a December 2000 court order in the case of Nehmer v. U.S. Veterans' Admin., C.A. No. C-86-6160 (TEH) (N.D. Cal.), VA is required to provide retroactive benefits to certain claimants who filed claims for Type 2 diabetes before it was added to VA's presumptive list, which is codified at 38 CFR Sec. 3.309(e). This involves claims decided during the period from September 25, 1985 to July 8, 2001.

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