for a Claim in denied the claim in 1995. The Veteran reopened the claim in 1997 and SC Which was established on the basis of herbicide exposure. Exposure to Herbicides Is Based on these facts, the effective date must relate back to the 1994 Result: Not Specifically claim, even though the Veteran alleged a different basis for SC. Mentioned Effective May 8, 2001, type 2 DM became subject to presumptive SC under . l. Handling Claims for Retroactive benefits under the review may be warranted for claims Nehmer Type 2 DM as filed or denied during the period September 25, 1985, to May 7, 2001. Related to Herbicide If a prior claim did not involve SC for type 2 DM, there generally exists no Exposure basis for assigning an earlier effective date. However, a lack of specificity in the initial claim may be clarified by later submissions. In January 1987, a Veteran filed a claim for SC for m. Example 1: Situation: Claim for SC hyperglycemia. In developing the claim, VA obtained medical records for Type 2 DM indicating that the Veteran was diagnosed with type 2 DM in February 1987. Based on these facts, it would be reasonable to treat the January 1987 Result: claim as a claim for SC for type 2 DM. Under benefits may be paid retroactive to the date the Rationale: Nehmer, initial claim was received or the date the disability arose as determined by the facts of the case, whichever is later. In 1995, a Veteran filed a claim for SC for hyperglycemia. n. Example 2: Situation: Claim for SC Medical records obtained by VA indicated that the Veteran did not have type for Type 2 DM 2 DM. In 2001, the Veteran filed a second claim for SC for type 2 DM, submitting evidence showing that the condition was diagnosed in 1996. Based on these facts, the 1995 claim is not considered a claim for SC Result: for type 2 DM. Neither the claim nor the evidence of record (when the 1995 Rationale: claim was processed) indicated the Veteran had been diagnosed with type 2 DM. o. Information When completing a rating decision under the guidelines, include the Nehmer to Include in following entry in the part Evidence the Rating Decision for All evidence contained in the claims file prior to [date], which is the earliest Any Nehmer date a claim for Nehmer purposes was received in VA. Rating In the decision narrative, include the following
for a Claim in Which Exposure to Herbicides Is Not Specifically Mentioned denied the claim in 1995. The Veteran reopened the claim in 1997 and SC was established on the basis of herbicide exposure. Result: Based on these facts, the effective date must relate back to the 1994 claim, even though the Veteran alleged a different basis for SC. l. Handling Claims for Type 2 DM as Related to Herbicide Exposure Effective May 8, 2001, type 2 DM became subject to presumptive SC under . Retroactive benefits under the Nehmer review may be warranted for claims filed or denied during the period September 25, 1985, to May 7, 2001. If a prior claim did not involve SC for type 2 DM, there generally exists no basis for assigning an earlier effective date. However, a lack of specificity in the initial claim may be clarified by later submissions. m. Example 1: Claim for SC for Type 2 DM Situation: In January 1987, a Veteran filed a claim for SC for hyperglycemia. In developing the claim, VA obtained medical records indicating that the Veteran was diagnosed with type 2 DM in February 1987. Result: Based on these facts, it would be reasonable to treat the January 1987 claim as a claim for SC for type 2 DM. Rationale: Under Nehmer, benefits may be paid retroactive to the date the initial claim was received or the date the disability arose as determined by the facts of the case, whichever is later. n. Example 2: Claim for SC for Type 2 DM Situation: In 1995, a Veteran filed a claim for SC for hyperglycemia. Medical records obtained by VA indicated that the Veteran did not have type 2 DM. In 2001, the Veteran filed a second claim for SC for type 2 DM, submitting evidence showing that the condition was diagnosed in 1996. Result: Based on these facts, the 1995 claim is not considered a claim for SC for type 2 DM. Rationale: Neither the claim nor the evidence of record (when the 1995 claim was processed) indicated the Veteran had been diagnosed with type 2 DM. o. Information to Include in the Rating Decision for Any Nehmer Rating When completing a rating decision under the Nehmer guidelines, include the following entry in the Evidence part All evidence contained in the claims file prior to [date], which is the earliest date a claim for Nehmer purposes was received in VA. In the decision narrative, include the following