Jump to content



Search



Shoutbox Open the Shoutbox in a popup
@  cragwex : (15 September 2014 - 10:22 AM) Asking For T & P
@  NeverGiveUp : (14 September 2014 - 01:19 PM) Got Denial Letter From Va On Friday, Having Surgery For Hip This Friday Need Advice
@  Tbird : (13 September 2014 - 02:39 PM) Thank You Notorious
@  Notorious Kelly : (12 September 2014 - 02:52 PM) Happy To See The Donate Button For Hadit. No Pressure If You're Struggling But Give If You Can!
@  vet201060 : (11 September 2014 - 11:49 PM) Got The Dea Letter For Pain Killers Today. Interesting To See How This Actually Effects Us Getting Our Meds
@  bad@57 : (11 September 2014 - 07:07 PM) Hello Vets, Had A Very successful Bva Hearing August 20, 2014. Submitting Final Paperwork To Judge For Decision. Wish Me Luck As I Do All!
@  dereekbanks : (11 September 2014 - 12:49 PM) Still No Letter In The Mail, But I Think I Was Denied. Feeling Depressed!
@  dereekbanks : (11 September 2014 - 12:48 PM) Claim Closed On The 8Th, Its 3 Days Later And Ebenefits Still Shows My Same Old Rating.
@  Rotor Head : (11 September 2014 - 06:20 AM) Remember, The 'e' In Ebennies Stands For Entertainment. :blink:
@  ssgtob1 : (11 September 2014 - 05:14 AM) Got Back In, No Change The Last 10 Times I Checked It :(
@  Notorious Kelly : (10 September 2014 - 07:45 PM) Ebenefits Is Back "up" (But I Can't Do Anything In It) ;)
@  carlie : (10 September 2014 - 05:14 PM) Good - They Should Be Helping The Vets In The Virgin Islands - They Should Be Helping All Vets That Can't Earn A Living Due To Something They Experienced On Active Duty.
@  lcurle : (10 September 2014 - 04:37 PM) I Saw On Va.gov That They Are Helping The Homeless Vets In The Us Virgin Islands....im In!
@  lcurle : (10 September 2014 - 04:35 PM) You Must Be A Patient Man To Check It Only Every 10 Minutes, I Hit F5 Every 3 Seconds!
@  ssgtob1 : (10 September 2014 - 12:45 PM) Ebenefits Is Down :( Now I Cant Check It Every 10 Minutes
@  Gastone : (10 September 2014 - 04:25 AM) Heads Up! The 2013 Cbo Report Big Savings By Taxing Comp And Eliminating Iu Past 65 Starting In 2015. Not A Done Deal, Yet! Yrs Of Age.
@  carlie : (09 September 2014 - 06:12 PM) Dereekbanks - No - That Does Not Mean You Were Denied. They Do Not Update Ebenefits On A Daily Basis.
@  dereekbanks : (09 September 2014 - 05:27 AM) Ebenefits Shows My Claim Closed Yesterday, But My Benefit Letter Looks The Same. Does That Mean I Was Denied?
@  dereekbanks : (09 September 2014 - 05:24 AM) Thanks For The Replies!
@  iceturkee : (08 September 2014 - 02:48 PM) I Just Got My Allowance Less Than A Week After The Disapproved Was Changed To Approved

Photo
- - - - -

078. What Is The Nehmer Case?


This topic has been archived. This means that you cannot reply to this topic.
No replies to this topic

#1 Tbird

 
Tbird

    Founder HadIt.com established 1997

  • Admin
  • PipPipPipPipPip
  • 93 posts
 

Posted 24 November 2005 - 07:02 AM

78. What is the Nehmer case?

Additonal Reading http://www.nvlsp.org...nehmerorder.htm

Nehmer altered significantly the way the VA adjudicates Agent Orange (AO) claims. Unlike all other types of claims, a retroactive payment to a Nehmer class member (all AO vets and their spouses) can be much higher than normal EED (earlier effective date) retro-awards.

If the claimant applies for an AO disability AFTER the regulations for that disability were published, the claimant will usually receive retroactive pay only back to the date they filed their claim. Other claimants who had any AO disability denied for service connection in the past or had the AO disability listed as non-service connected and rated on their past rating decision can often successfully re-open their claim and state that they believe their retroactive award should go back to the date that the disability was put on the regulation lists (or that their EED should be the date that medical evidence in their C-file showed they had a ratable service connected condition due to Agent Orange exposure).

Widows or widowers with claims denied in the past whose spouse’s death was contributed to (or caused by) what is now a presumptive Agent Orange illness can re-open their DIC claims requesting that either they be awarded DIC—if denied in the past—and be awarded retro DIC back to the date of the veteran’s death.

Each Nehmer claim is unique and the best information on these claims is found at http://www.nvlsp.org.

Any Agent Orange veteran who has a presumptive AO disability and had a past claim, whether it was denied or not, should get a service officer (SO) well versed in Nehmer to see if the veteran was, in fact, awarded the proper retroactive amount, including SMC if entitled to it also due to the AO disability.

The NVLSP web site has the retroactive order published. VARO’s failed many times to address this order properly and many vets almost lost thousands of dollars because of that. These awards are only specific to claims filed before the regulations were published -adding the condition to the presumptive list.

Advertise Here

 




Advertise Here