diabetes Nehmer Act Question

[johnjjr]

In my origional claim in '06 I claimed DM II w/ CAD as secondary to DM II. Diabetes was granted but CAD was denied as being dx'd prior to diabetes.That decision is currently on appeal. Will that denial stand for readjudication under the Nehmer Act for the new IHD presumptive? BTW I have filed a new IHD claim.

[Berta]

I think you should send them a 21-4138 regarding the pending claim on appeal-mentioning that the new IHD regulations when published, should be applied to your new claim as well as used as evidence in support of your appeal on the denied claim.

(of course they will only award one way or the other-BUT if they ward for AO IHD on the New claim-they could easily give you the new claim date for the EED.

And remind them to fully apply all conditions of the Nehmer Court Order and Stipulation to the retro.

I think this might be the case for many vets with DMII previously denied for CAD as secondary to the DMII.

[Berta]

I think you should send them a 21-4138 regarding the pending claim on appeal-mentioning that the new IHD regulations when published, should be applied to your new claim as well as used as evidence in support of your appeal on the denied claim.

(of course they will only award one way or the other-BUT if they ward for AO IHD on the New claim-they could easily give you the new claim date for the EED.

And remind them to fully apply all conditions of the Nehmer Court Order and Stipulation to the retro.

I think this might be the case for many vets with DMII previously denied for CAD as secondary to the DMII.

[stillhere]

Based on the nehmer training letter you should be comped back to your date of denial. Take a read of my other post on nehmer and the sample scenarios they have for the raters. Your case fits right in there as a claim that was denied and should be retro ed back to your original date.

Good Luck to you!