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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Papa

Nehmer Help Please

Question

Is DMII considered a Nehmer case? I disagreed with the effective date of my DMII, and submitted a NOD. But, was told that this was not a Nehmer issue. Also, some one told me that the VA will only go back 5 years for Parkinsons, is that true? If so, why would the doctor ask me how long have I been shaking and having this problem. Wife told him since 1971. I don't expect to have an effective date of 1971, but it sure would be nice :rolleyes: .

Papa

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2 answers to this question

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Retroactive payments under Nehmer are explained here:

and also at the NVLSP web site under a search for Retroactive awards under Nehmer.

The retro dates for the 3 new presumptives are explained in the NVLSP Nehmer Training letter which should be found in this forum.

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This BVA case explains the retro involved in a diabetes claim:

It is shorter explanation than within the links I posted.

The veteran met the criteria for AO exposure.He had appealed the EED.

In Part:

"While the medical evidence of record reflects a diagnosis of

diabetes mellitus Type II in 2001, and that, as noted, the

Veteran served in Vietnam during the applicable periods, the

evidence of record does not reflect that the Veteran filed a

claim of service connection for diabetes mellitus Type II prior

to May 8, 2001. In order for the retroactive provisions to be

applied, the Veteran must have communicated an intent to claim

service connection for Type II diabetes mellitus between May 3,

1989 and May 8, 2001. There is no communication from the Veteran

prior to January 24, 2006, that may be reasonably construed as a

claim of service connection for Type II diabetes mellitus; nor

does the Veteran state that a claim was filed prior to such date.

38 C.F.R. §§ 3.151(a), 3.155(a). As the Veteran had not filed a

claim prior to May 8, 2001, the retroactive provisions do not

apply to the Veteran's service connection claim for Type II

diabetes mellitus."

http://www.va.gov/vetapp10/files4/1036312.txt

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