Nehmer "should have been coded" Footnote One

[Berta]

Since 2010 Nehmer,  this is the only case I have found, along with my Nehmer case that involved the "should have been coded" in Footnote One, 38 CFR 3.816:

https://www.va.gov/vetapp11/files5/1140940.txt

I am posting it here as it might help someone else. My "should have been coded" status derived from a IHD CUE I filed long ago.

This case is a little different than that :

." A claim for service connection for type II, diabetes mellitus was received by VA on September 13, 1985, and was pending before VA on May 3, 1989. 2. The appellant is a Nehmer class member as a surviving child of the deceased Veteran, who served in Vietnam and died from a covered herbicide disease."

 

"ORDER Entitlement to retroactive benefits from November 13, 1985, for diabetes mellitus under 38 C.F.R. § 3.816 is granted."

Edited October 1, 2018 by Berta