diabetes For Donnie And All Ao Vets

[Berta]

Donnies post under 38 USc 5110 and others here might see what I mean in my reply to him within this recent BVA case:

http://www.va.gov/vetapp07/files1/0702913.txt

Next to the VCAA the Nehmer decision was the most important decision I have ever seen -after 25 years dealing with the VA-

I have spent considerable time studying the legalize of this case and have discussed Nehmer with the lawyers who won it at NVLSP in Washington DC.

I found this AM that there were 3 BVA decisions re Nehmer retro that I feel were definitely wrong in their interpretation of Nehmer - in 2007-that surprised me-I will re-read them -maybe I missed something

I hope the vets appealed to the court.

This is an important part of the above BVA decision link-which is correct.

ORDER

"Entitlement to an effective date earlier than November 20,

2002, for the grant of service connection for diabetes

mellitus, type II, is denied"

OK- denied- but the vet filed his initial claim for DMII on Nov 20, 2003.

The DMII regs were law as of May 8, 2001.

The vet wanted more retro but was denied.

The point here is- and it is critical to Donnies question below-

the VA DID award an EED one year prior to filing his claim for DMII.

Medical evidence shows that he did have SC DMII for one year prior to filing his initial claim.

The RO correctly awarded this favorable EED- because he was Categiry # 3 class action Nehmer vet-I think Donnie here is also Category # 3 vet-

This is also clearly spelled out in the 2006 edition and prior editions of the VBM published by NVLSP.

Page 634 and 635.

EVERY AO vet should double check their decision and the Nehmer regs- the VA tried to snooker millions from AO vets in retro-

I have no doubt that they still fail to award proper EEDs in many AO claims.

A category # 3 AO vet can often get an EED beyond the date of the AO claim-up to one year more retro.

I cannot explain it all here because it would turn into a small book.

The VBM contains considerable information on this important Class action case.

[Berta]

Still here- are you still within the appeal period ---when did you get a SOC based on your NOD?

Otherwise you have to file a CUE claim.

I can help with that- unless you are still within appeals- did you file a I-9 form?

I believe you can get back to May 2002 retro- not sure yet- are you still within the appeal I-9 time limit for filing?

if you are I could prepare a Request for Reconsideration for you under the provisions of Nehmer.

What is your DMII % and did they stagger it in any way at all-in the rating decision?

[stillhere]

Still here- are you still within the appeal period ---when did you get a SOC based on your NOD?

I got a soc a while back will have to look for those papers and see what they say. After that I just let it drop and have not done anything more.

My DB was first at 10% and then moved up to 20% but my heart condition is secondary to my DB with hypertension at 0% heart at 60. I thought this might be a cue from the get go please let me know what you want me to do.

Thank you for your help and the help you give to all the other vets!

Stillhere

Otherwise you have to file a CUE claim.

I can help with that- unless you are still within appeals- did you file a I-9 form?

I believe you can get back to May 2002 retro- not sure yet- are you still within the appeal I-9 time limit for filing?

if you are I could prepare a Request for Reconsideration for you under the provisions of Nehmer.

What is your DMII % and did they stagger it in any way at all-in the rating decision?