liberalizing law question

Discussion in 'Diabetes' started by CEDAR FALLS, May 1, 2008.

  1. CEDAR FALLS

    CEDAR FALLS Member

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    I filed for dm11 in sept 2006 and was awarded 20% I filed for heart condition related to dm11 and was denied no problem but ther is a line in the report (quote) but the spelling bad typing lol

    It was noted that you reported dm11 since 1988 however medical documentation of dm11 in your file was 2004 3years after May 8 2001 effetcive date of the liberalizing law. If you are able to provide VA with treating records from your dr which are dated from the time that your dm11 was first diagnosed your effective date can be reconsidered base on those findings

    Does this mean that if I get my records from my doctor and it shows dm11 before my first calim sept 2006 that I will be awarded back pay for my dm11

    Thanks
  2. TinCanMan

    TinCanMan Active Member

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    I've seen that phrase used in BVA citations often enough but never asked or understood it. The date seems to be synonymous with the date DMII became one of the conditions presumptive of exposure to herbicide. Perhaps Vike17 could help us out with this.
  3. CEDAR FALLS

    CEDAR FALLS Member

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    Well I have looked at appeals on the internet from the va and a guy was awarded his claim back dated to the liberalizing law date after proving dm11
    before his first claim that is why Im asking do the appeals set presidents
    bad spelling lol

    http://www.va.gov/vetapp03/Files/0328403.txt
  4. Vike17

    Vike17 New Member

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    Aren't we talking about the "Nehmer" thing here????

    Vike 17
  5. TinCanMan

    TinCanMan Active Member

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    That's what I was thinking but I never did get a good handle on that.

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