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078. What Is The Nehmer Case?


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#1 Tbird

 
Tbird

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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.