Info On Eeds In A Recent Post

[Berta]

I cant find the exact topic or post.

It was in reference to EEDS and the date of liberalizing regulations.I think James added to the topic but still cant find it.

I didnt have this caveat on hand to respond properly to the info and just found what I was looking for-

The General rule in 38 CFR 3.114 and 38 USC 5110 requires that Awards cannot be made with effective dates earlier than a liberal rule's date on publication.

However, the topic here seemed to suggest that could be for AO claims too.

Caveat:Source VBA Feb 2009 Fast Letter -re Nehmer:

"It is important to note that the general rule in 38 USC 5110 (g) and 38 CFR 3.114 that an award based on a liberalizing law may not be effective earlier than the effective date of the new law does NOT apply to NEHMER claims."

I had the feeling that this prior topic here didn't make that clear.I could be wrong.

[JamesBreckenridge]

I cant find the exact topic or post.

It was in reference to EEDS and the date of liberalizing regulations.I think James added to the topic but still cant find it.

I didnt have this caveat on hand to respond properly to the info and just found what I was looking for-

The General rule in 38 CFR 3.114 and 38 USC 5110 requires that Awards cannot be made with effective dates earlier than a liberal rule's date on publication.

However, the topic here seemed to suggest that could be for AO claims too.

Caveat:Source VBA Feb 2009 Fast Letter -re Nehmer:

"It is important to note that the general rule in 38 USC 5110 (g) and 38 CFR 3.114 that an award based on a liberalizing law may not be effective earlier than the effective date of the new law does NOT apply to NEHMER claims."

I had the feeling that this prior topic here didn't make that clear.I could be wrong.

Nehmer is special because one of the Courts (I don't know if it was CAVC, a US District Court, or the SCOTUS) said that the VA was going to pay prior to the enactment of the law. As far as I know, Nehmer cases are the only ones like that. It was in the thread "Objective Evidence of a Diagnosis", and I did point out that Nehmer was a wrinkle beyond the scope of my reply.

Edited December 30, 2009 by JamesBreckenridge

[Wings]

I cant find the exact topic or post.

It was in reference to EEDS and the date of liberalizing regulations.I think James added to the topic but still cant find it.

I didnt have this caveat on hand to respond properly to the info and just found what I was looking for-

The General rule in 38 CFR 3.114 and 38 USC 5110 requires that Awards cannot be made with effective dates earlier than a liberal rule's date on publication.

However, the topic here seemed to suggest that could be for AO claims too.

Caveat:Source VBA Feb 2009 Fast Letter -re Nehmer:

"It is important to note that the general rule in 38 USC 5110 (g) and 38 CFR 3.114 that an award based on a liberalizing law may not be effective earlier than the effective date of the new law does NOT apply to NEHMER claims."

I had the feeling that this prior topic here didn't make that clear.I could be wrong.

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Berta, VAOPGCPREC 26-97 ~Wings