Question On Nehmer Case

[Shark]

I think I understood what I read, but am still a little confused. I filed for dm2 in 2002 when it was considered presumptive and was approved at 20%. I was actually first diagnosed with dm2 in 1985. The way I read it, my file date in 2002 is the earliest I can qualify for. I am still a little confused though...can I file for an EED back to my diagnosis date based on Nehmer?

Edited September 6, 2009 by Shark (see edit history)

[Philip Rogers]

Shark, I'm not sure but I'm sure, Berta, our resident "expert," will chime in, soon. My belief is that you cannot be awarded prior to the date you actually filed your claim, unless you filed a claim for disability, for agent orange related disabilities. If you did that, your award could go back to the date of that claim. You should also note that by the time we are diagnosed, by the VA, we've had the symptoms for a yr or two.

pr

I think I understood what I read, but am still a little confused. I filed for dm2 in 2002 when it was considered presumptive and was approved at 20%. I was actually first diagnosed with dm2 in 1985. The way I read it, my file date in 2002 is the earliest I can qualify for. I am still a little confused though...can I file for an EED back to my diagnosis date based on Nehmer?

[Commander Bob]

Somebody correct me if I'm wrong. I don't think the VA recognized DM2 as presumptive AO related in 1985???? Please some help me find when the date DM2 was added.

[Berta]

Philip -maybe regarding Nehmer I am an expert-But YOU are expert in numerous areas of VAola yourself!

Nehmer to me is a steak and lobster dinner with a dozen clams and a fudge cake

If Beverly Nehmer had given up and did not have the help of NVLSP there were be no Nehmer decision that attempts to compensate a weapon of mass destruction that damaged so many of you and which the USA taxpayers paid for- Agent Orange.

I well remember some of the crap you Vietnam vets out up with when you came home.Nehmer makes some of that right-to an extent.

Diabetes Mellitus Type II Adult Onset was put onto the AO Presumptive list on May 8th, 2001.

Claims filed on or after that date get the date of claim for the retro.

Claims filed for DMII with service in Vietnam filed and yet denied prior to that date-in most cases -should get the date of the original claim as the retro.

http://www.nvlsp.org/Information/ArticleLi...enefitrules.htm

The regs are detailed and lengthy- however it pays to read them to see hopw the retro regs affect you.

Example of how this woks from NVLSP:

Vietnam vet has NHL: and files claim on Jan 1., 1986.

NHL went on AO presumptive list on 10-26-90 and again in 5-19-93 (the regs had changed a little)

The 1986 claim is denied. The vet files another claim for NHL in 1992 which VA grants under the presumptive AO regs.

The veteran;'s EED is Jan 1, 1986.

Vietnam Vet has lung cancer of STS nature diagnosed in 1982.Lung cancer goes on the Presumptive AO list on June 9, 1994.

The vet dies with lung cancer contributing on Sept 3, 1982.

The widow files for DIC on June 6, 1983and is denied.

The widow appeals to BVA who denies the claim in 1985. The widow files again in 1994 after lung cancer goes into the presumptive list. The RO awards DIC.

The widow's retro date for DIC is not date of the re-opened claim in 1985, but Sept 3, 1982 pdate opf death of the veteran.

This example is same as my situation.

I filed for DIC in 1994, My husband died due to DMII contributed per BVA award date April 29 2009. My retro DIC date is Oct 14m 1994, the day he died.

You have to spell all this our to them on these retro EEDS- they do not even use the wortd Nehmer in the herbicide decisions. They dont want us to Google Nehmer and find out they might have snookered us.

NVLSP got almost 30 Million bucks from the ROs that they withheld from Nehmer vets in defiance of the Nehmer court order due to these favorable EED regs.

It is up to every Nehmer Class action veteran and widow to check out the EEDs carefully on their awards.

When I filed my AO death claim in 2003 and mentioned the Nehmer decision would be the controlling factor in the retro- my vet rep said "Nehmer who????" He was getting DMII SC for AO exposure and had never even heard of this Important decision.