Effective Date

[SandyTX9]

I am not sure if I am posting this in the correct place but here is our situation. Found this very informative website when I googled agent orange and parkinsons. My husband served in Viet Nam from 1969 to 1971. He was diagnosed with parkinsons in October of 2009. We did not know anything about VA and presumptives until we came across an article on the internet in October of 2011. Filed a claim for parkinsons on October 9, 2011. Yesterday received an award from VA for 30% disability. We are okay with the award but we have a question about about the effective date. Under "Reasons for Decision" where everything is explained about the rating the last paragraph reads: "An earlier effective date may be warranted for our grant of service connection for Parkinson's disease if you are able to submit evidence of a diagnosis of Parkinson's diseae prior to August 31, 2010, the date that Parkinson's was added as a presumptive condition due to exposure to tactical herbicides in the Republic of Vietman." Does this mean he had to be diagnosed before 8/31/10 which he was or the diagnosis had to be submitted before 8/31/10. Thanks so much for taking the time to read my question and help us. We are new to all of this and it is extremely confusing.

[jvretiredvet]

Even though you believe the VA has (or should have) medical records showing the diagnosis in 2009, send THAT record in. I mean, just the record showing the earliesr confirmed diagnosi of PD

With the record, send a cover letter to your friendly neighborhood VARO requesting an earlier effective date for Parkinson's Disease under the provisions of 38 CFR 3.114.

Under 3.114, your husband may be entitled to an effective date as much as a year earlier.

I am not sure if I am posting this in the correct place but here is our situation. Found this very informative website when I googled agent orange and parkinsons. My husband served in Viet Nam from 1969 to 1971. He was diagnosed with parkinsons in October of 2009. We did not know anything about VA and presumptives until we came across an article on the internet in October of 2011. Filed a claim for parkinsons on October 9, 2011. Yesterday received an award from VA for 30% disability. We are okay with the award but we have a question about about the effective date. Under "Reasons for Decision" where everything is explained about the rating the last paragraph reads: "An earlier effective date may be warranted for our grant of service connection for Parkinson's disease if you are able to submit evidence of a diagnosis of Parkinson's diseae prior to August 31, 2010, the date that Parkinson's was added as a presumptive condition due to exposure to tactical herbicides in the Republic of Vietman." Does this mean he had to be diagnosed before 8/31/10 which he was or the diagnosis had to be submitted before 8/31/10. Thanks so much for taking the time to read my question and help us. We are new to all of this and it is extremely confusing.

[Philip Rogers]

A key to this would be if your spouse ever made a claim for any condition that may have been caused by Agent Orange. If so, he could possibly receive an EED.

jmo

pr

[Berta]

to add what Philip posted:

"A key to this would be if your spouse ever made a claim for any condition that may have been caused by Agent Orange. If so, he could possibly receive an EED."

or if he claimed another condition regardless of Agent Orange or not

if any condition was rated and coded in a past denied VA decision (that remained denied)and was either coded or SHOULD have been coded, and is now one of the three new AO presumptives, (IHD, Parkinsons, Hairy Cell B)

he might well have a more favorable EED under the Nehmer Court Order.

This would fall under Footnote One of the Nehmer Court order and Training Guide.

It might not apply in your case,and I assume he never received a Nehmer training letter, but always good to remind AO vets of this facet of Nehmer.

I am a Nehmer Footnote One widow.

My husband's heart disease Should have been coded by VA in a past 1998 decision. I filed CUE and the Nehmer people resolved that claim under Nehmer and another part of the CUE under Section 1151.

Many Vietnam vets possibly forget exactly what their initial claims were for ,particularly if the VA denied and they didnt appeal and years and even decades can pass.

Hopefully all of those vets who fall under Nehmer these days, had those older claims pulled by VA for proper re adjudication under the new presumptives because a past rating decision revealed -as NSC =something that is one of the 3 new presumptives.

Most vets filed new claims themselves under the new AO regs, or in some cases an older denial popped up in their C files that triggered a Nehmer review.

[jbasser]

From reading this topic I believe the VA got it right. I don't think any prior claims were filed as she did not not know about the VA until Oct of last year.

The time line tells me the VA did an amazing job for this Veteran rating in such a short time and they even went back to a year prior on the Effective date,

This veteran needs to keep a keen eye on this disease as it gets worse so they can increase the rating when it is necessary.

The award letter should tell you what other benefits you are entitled to.

J

[SandyTX9]

Yes I agree the VA did an outstanding job especially for such a quick turn around on the claim. We are not questioning the award but the rating decision said the effective date is October 9, 2011 the date we filed the claim. As I stated in my original post this was the last paragraph under "Reasons for Decision":

An earlier effective date may be warranted for our grant of service connection for Parkinson;s disease if you are able to submit medical evidence of a diagnosis of Parkinsons's prior to August 31, 2010, the date that Parkinson's was added as a presumptive condition due to exposure to tactical herbicides in the Republic of Vietnam."

We do not not know if this is saying the effective date could be earlier if we are able to submit evidence the PD was diagnosed prior to 8/31/2010. Which he was diagnosed October, 2009 but the VA has that information on the PD Disablity Benefits Questionaire that was used to grant his award.

Or does that paragraph mean we had to submit the diagnosis of PD prior to 8/31/2010.

This is the only claim my husband has ever filed with the VA.

Thanks so much for everyone's response. I recently found this website and have been reading nonstop, there is a wealth of information here.

[Papa]

Sandy

I too have Parkinson's disease and was rated at 30%. My Nuerologist thought that was outrageous as a person with Parkinsons. He immediately typed up a letter letting the VA know that I was unable to work with this condition. But, it is funny that in 1974, I put in in a claim for shaking, nerves, etc as I was unable to drink anything without a lid, could not write with one hand. This really hampered my work. But, I was denied, as there was nothing in my military records. Currently, my Doctor has started taking me off some of my meds because they are not helping. Make sure your husband moves around, I did not at first, then my 6 year old Granddaughter read me the riot act. Now, I exercise by going to Silver Sneakers, and water exercise. BTW, I do not expect an EED of 1974, but maybe if they had given me an exam back then I would have gotten the right treatment.

Is your husband working? Has he filed for SSDI? This is what upset my Doctor, in that his other Parkinson patients got SSDI. Since, I'm retired Civil Service I do not qualify for SSDI.

Papa