Some time ago we had a question here from a DMII vet that asked why the VA gave him a retro date of
May 8,2001.
I don't recall being able to answer him adequately but I believe someone else did-and the information
bears repeating for any veteran who did not get the June 1, 2001 retro EED ---depending on the initial date of their DMII claim.
“Liesegang, et al v. Secretary of Veterans Affairs
On December 10, 2002, the US Court of Appeals for the Federal Circuit issued a decision in the case of Liesegang, et al v. Secretary of Veteran Affairs. The Court held that the correct effective date for our regulation adding Type 2 diabetes to the list of presumptive disabilities related to herbicide exposure is May 08, 2001, instead of July 9, 2001.
As a result of that decision, VA issued an automatic one-time adjustment to 9,340 Veterans granting an earlier payment date of June 1, 2001. The one time payment was made on August 4, 2003. In each adjusted case a notice was issued to the Veteran, POA, and RO. An additional 4,680 cases were manually reviewed. When reviewing the current Nehmer cases that may have previously involved Type 2 diabetes you must assure that this adjustment was actually made. This may require a thorough review of the claims folder. It is important that the Veteran gets paid correctly when entering the information into the prior payment field in VETSNET for retroactive awards. “
Source: NEHMER Training Guide by NVLSP. August 2010
Question
Berta
Some time ago we had a question here from a DMII vet that asked why the VA gave him a retro date of
May 8,2001.
I don't recall being able to answer him adequately but I believe someone else did-and the information
bears repeating for any veteran who did not get the June 1, 2001 retro EED ---depending on the initial date of their DMII claim.
“Liesegang, et al v. Secretary of Veterans Affairs
On December 10, 2002, the US Court of Appeals for the Federal Circuit issued a decision in the case of Liesegang, et al v. Secretary of Veteran Affairs. The Court held that the correct effective date for our regulation adding Type 2 diabetes to the list of presumptive disabilities related to herbicide exposure is May 08, 2001, instead of July 9, 2001.
As a result of that decision, VA issued an automatic one-time adjustment to 9,340 Veterans granting an earlier payment date of June 1, 2001. The one time payment was made on August 4, 2003. In each adjusted case a notice was issued to the Veteran, POA, and RO. An additional 4,680 cases were manually reviewed. When reviewing the current Nehmer cases that may have previously involved Type 2 diabetes you must assure that this adjustment was actually made. This may require a thorough review of the claims folder. It is important that the Veteran gets paid correctly when entering the information into the prior payment field in VETSNET for retroactive awards. “
Source: NEHMER Training Guide by NVLSP. August 2010
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