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Herbacide Exposure

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william n

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william n Proficient

william n

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folks my buddy was awarded 20% effective 4/12/2007 for diabetes mellitus due too herbacide exposure..can he now fight for an earlier effective date?/ thanks, william

he's already 100% SC P&T which now makes him 120%..can he fight for retroback too Vietnam Era???

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Teac Mentor

Teac

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folks my buddy was awarded 20% effective 4/12/2007 for diabetes mellitus due too herbacide exposure..can he now fight for an earlier effective date?/ thanks, william

he's already 100% SC P&T which now makes him 120%..can he fight for retroback too Vietnam Era???

The va is not going to retro a claim back to the Vietnam era.

The va will only retro a claim back to the month following the month the claim was submitted .. so if for example the claim was submitted in Feb 08 then he gets retro to March 08....

Just becasue he gets presumption for a agent orange claim on DMII, he still has to show when he contracted DMII. It would not make any sense for the va to retro all the way back to the vietnam era which ended in 1975, unless the veteran could prove that he submitted the claim at that time and had the disease at that time.

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william n Proficient

william n

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The va is not going to retro a claim back to the Vietnam era.

The va will only retro a claim back to the month following the month the claim was submitted .. so if for example the claim was submitted in Feb 08 then he gets retro to March 08....

Just becasue he gets presumption for a agent orange claim on DMII, he still has to show when he contracted DMII. It would not make any sense for the va to retro all the way back to the vietnam era which ended in 1975, unless the veteran could prove that he submitted the claim at that time and had the disease at that time.

thanks TEAC thought so just wanted to confirm for him..Regards, William

william

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Berta

Berta

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When was he first diagnosed with DMII?

Was he ever denied for DMII in any past VA decision?

If he is a Vietnam incountry vet with an agent orange award- the retroactive awards under the Nehmer court Order are different than all other retro active awards.

VA in the past made millions of dollars of errors in their interpretation of Nehmer- in retroactive payments-

Nehmer is very complex.

It is spelled out in art in the following DMII claim:

http://www.va.gov/vetapp08/files2/0810188.txt

This veteran re-opened his DMII claim in 2000 and was successful in getting 7 years retro-

however the decision is a denial as he attempted t get more retro-

these cases are very complex-

past VA decisions, and the dates of the AO regs come into play-

He should access the Nehmer information at NVLSP web site and I posted some of the Retro Nehmer info here at hadit in the past.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Ron II Mentor

Ron II

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The va is not going to retro a claim back to the Vietnam era.

The va will only retro a claim back to the month following the month the claim was submitted .. so if for example the claim was submitted in Feb 08 then he gets retro to March 08....

Just becasue he gets presumption for a agent orange claim on DMII, he still has to show when he contracted DMII. It would not make any sense for the va to retro all the way back to the vietnam era which ended in 1975, unless the veteran could prove that he submitted the claim at that time and had the disease at that time.

That was precisely my experience. I submitted for DMII due to AO in February 2007 and my claim was approved retro to 1 March 2007. I didn't exhibit symtoms until sometime in 2006--discharged in 1991.

Ron

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Philip Rogers Grand Master

Philip Rogers

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folks my buddy was awarded 20% effective 4/12/2007 for diabetes mellitus due too herbacide exposure..can he now fight for an earlier effective date?/ thanks, william

he's already 100% SC P&T which now makes him 120%..can he fight for retroback too Vietnam Era???

william n - I feel he should review his medical records for signs/symptoms of diabetes, earlier. A person doesn't all of a sudden become diabetic, one day. His labs should show some earlier changes and if he can demonstrate those he can appeal his award date. jmo

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