Request For Earlier Effective Date On Dmii Claim

[donews]

Ok, Thank You all for the help on the Depression Claim, it went out certified with return receipt today.

Now on to the next claim in line.

I was given an effective date for my DMII the same as the date I filed the original claim (March 28, 2005).

At some point I saw a statement in one of the decisions that said I could possible get an earlier effective date if I can prove I was being treated for DMII before March 28, 2005.

I have proof of DMII treatment going back to the 1980's.

I know Berta has covered some of the information about Nehmer cases with me (Thank you Berta), but I still have a few questions.

First - Must a vet have filed for and been denied for DMII before the Nehmer decision to claim an earlier effective date than the date of filing?

Second - Do I have to request the earlier effective date within one year of being given Service Connection for the DMII?

Third - Should I file a Request for Reconsideration of the Effective Date, or NOD the Decision asking for an Earlier Effective Date?

Forth - If I were to NOD the Effective Date would that be shot down immediatley if it has been more than one year since I was given Service Connection?

I am currently working on the wording for a request or NOD and need to know how to proceed if I am eligible.

Edited April 4, 2008 by donews

[donews]

I am trying the Nehmer avenue and also included another statement in my claim asking if they denied my nehmer argument that the reconsider under US Code Title 38 § 5110 (G).

That code states:

(g) Subject to the provisions of section 5101 of this title, where compensation, dependency and indemnity compensation, or pension is awarded or increased pursuant to any Act or administrative issue, the effective date of such award or increase shall be fixed in accordance with the facts found but shall not be earlier than the effective date of the Act or administrative issue. In no event shall such award or increase be retroactive for more than one year from the date of application therefor or the date of administrative determination of entitlement, whichever is earlier.

They may smash it down, but it is worth a shot.

[Ricky]

After reading that link you posted Berta, I am not sure If I am eligible for a year prior Effective Date or not.

All those words blend together when I try to read all that legal mumbo jumbo.

I am hoping that either under Nehmer or 5110 (g) that I can squeek out the eairlier effective date.

I have attached my request for anyone to review and comment on.

Don - why would you feel that you are not authorized the EED on your claim. As I indicated in my post if your DMII was awarded due to AO exposure, you were diagnosed by a MD and began treatment prior to the upgrade to the regulation and filed your claim after the upgrade then you are a cat III vet under this ruling. Please explain my friend. Thanks