Presumptives and Effective Dates

[Vync]

The Nehmer decision affords veterans with AO exposure the potential to obtain earlier effective dates retroactive back to when prior claims were denied. Many veterans were diagnosed with the presumptive conditions by their doctor years before the presumptive criteria went into effect. With the VA requiring requests for claim benefits in writing, this action leaves many veterans unable to qualify for an earlier effective date because they either did not know they could file a claim or their VSO told advised them against it. What would it take for the VA to make the earlier effective dates based on their medical records (presumptive or otherwise)? Changes to the US Code, 38 CFR, or precedent court order?

 

[broncovet]

While I admire your dedication to Vets issues, such as the effective date for presumptives, I have my doubts that either a court order or congress will fix this.  

1.  Court order.  Somehow I doubt the court will "order" VA to fix anything.  Mostly, the CAVC does remands, and even when they reverse, it often gets watered down by VA.  

2.  Congress attempts at fixing VA over the decades have largely been unfruitful.  The VA seems to strongly resist any one, including congress, changing stuff.  If it does get fix it still takes decades.  

     But, if you do have a presumptive with the wrong effective date, you should consider contacting NVLSP.  Its my opinion the NVLSP will likely review your case, and may even represent you, because NVLSP won Nehmer, and VA has to pay many of the attorney fees for Vets which it affects.