Dmii -effective Date Confusion

[Guest jangrin]

I am totally confused about the effective date for AO DMII.

Is the effective date for DMII persumptive to AO-the date the veteran files a claim for DMII?

Or is the effective date the date that the VA knows and puts it in the chart notes that the veteran has DMII presumptive to AO?

Jangrin

Edited July 8, 2007 by jangrin

[stillhere]

I am confused on this one also and have posted it before and people have answered to the best of their ability and I still don't get it but. If I understand it correctly a claim almost any claim the start date is the date of the claim but with DM2 they back dated my brothers 1 year and not mine and I still do not get it.

I no this dosen't help you any but just thought I would let you know you are not alone!!

Stillhere

[Chuck75]

In my case the VA used the date of claim, not the date of diagnosis in my VA records. Proving "feet on ground", even though the basic info was in my service med records took a bit of time to document. To add insult to injury, DB II can go for years before glucose blood levels reach those used to confirm DB II. Looking over my medical records, it's obvious that the levels were above normal (100 Max) for over ten years. They went from 108% of normal in the late 80's to 135 or so around 2000. By 2003-4 they were high enough to get a tentative diagnosis, and by 2005, formal diagnosis.

Many older med records were thrown out by hospitals, Drs retired, died, etc. making it difficult to reconstruct a good time line that would be useful in claiming aggravation of conditions by diabetes.

I am totally confused about the effective date for AO DMII.

Is the effective date for DMII presumptive to AO-the date the veteran files a claim for DMII?

Or is the effective date the date that the VA knows and puts it in the chart notes that the veteran has DMII presumptive to AO?

Jangrin

[Berta]

The presumptive date for DMII due to AO and the retro they send depends on Nehmer-

I posted lots of info before on all this-

If the claim was filed AFTER the DMII regs- the date of claim should be date of retro-

If the VA gives some VAola bs about the EED- medical evidence can be submitted to show the DMII- by virtue of the clinical record (blood tests, HBIAC reports, other symptoms that are documented and clearly due to DMII)

had an earlier effective date.

If the VA in a past decision for an AO DMII vet- denied SC but rated the DMII and used a diagnostis code-

and listed the DMII as NSC---that older claim date is most often the EED no matter when that occurred.

Under the Nehmer decision- ALL vets and us widows with AO issues are part of the Nehmer class action-

I posted alot here as to Nehmer- the court order and stipulation-ever since Nehmer became law-

I again remind all that the VA snookered millions of dollars in retro from many AO vets- with all sorts of presumptives-

Each case is so unique that a vet should read the entire Nehmer court order at NVLSP-

and under a search I know there is a lot here that I posted on it-

If a vet gets a DMII diagnosis at a C & P and the VA uses the C & P date-I say fight this with all you got-

I have a vet locally like that and we fought the EED and he got the proper EED- 12 years of retro instead of what the VA wanted him to accept.

(I was considering preparing a Section 1151 claim for him-

stating the VA, as a result from a C & P exam, gave the veteran diabetes. B) )

just to get their underwear into a knot) fortunately we fought right back and they gave him proper EED.and it didn't take too long.

12 years of retro and they stalled it as much as they could-

Nehmer was the most important decision for AO vets I have seen yet-

we might even get something good out of the latest court matter re: Haas.

Every AO vet and widow should read Nehmer and the retro info at NVLSP web site-

to see what Category they fall into in the class action and then determine if the VA snookered them on the retro EED.

Edited July 9, 2007 by Berta