[quote name='Berta' timestamp='1293376886' post='229869']
Bob-I sure had nothing to do with this vast list here -but I have been reading over it all morning-
berta , I was remembering your Topic Thread: (Posted 29 December 2009 - 09:07 AM)
Nehmer Fast Letter Of Feb 2009
[quote berta] " This Fast letter re-defines how these claims should be handled- it is a stronger statement than the more recent Fast letters on the new AO presumptives and shoul;d be considered in the context of the proposed regs on the 3 new AO disabilities.
Please note one page one of this letter to all VAROS
Regional Offices must stricly comply with the instructions set forth in this letter and attachments.It is critical that NEHMER claims be handled expeditiously and correctly. The processing of Nehmer claims requires VA to operate under court-imposed deadlines. Failure to comply with instructions could result in court-ordered sanctions against VA and/or VA officials."
I gave the VA plenty of time since my April 2009 AO death award to comply with Nehmer but they failed to.
After contacting the OGC in DC a few weeks ago-from that point on my claim was handled expeditiously. I wanted a decision by Christmas as to the Nehmer court order.A decision was made on Dec 24th 2009 and the monetary award is due to be sent on Jan 4th 2010.The lawyer mentioned in this Fast Letter on page 5 of 14 is the OGC lawyer who took immediate action on my case.
I anticipate my award will be the wrong amount-only because the VA has never in over 10 years sent me a proper monetary award right off the bat. In spite of their sophisticated computers they still manage to add wrong.
But maybe I will be surprised on that.
Nehmer costs the VA lots of $$$$$. In many cases even if a Nehmer vet dies and then his widow or her widower dies- the Nehmer money that was due still has to be paid to the next of kin or estate of the veteran.
There is absolutely no incentive for the VA to attempt to withhold Nehmer Retroactive payments but they have done this and will continue to until- all vet reps and all Nehmer class action members take a stand on getting their proper retro awards.
Nehmer claims are handled in a special way -that is explained in this fast letter attached.
If they arent handled this way- the AO vet or survivor has to take other action as the VARO has committed CUE and also defiance of the mandate of the Nehmer COurt Order.I will certainly explain how that goes if and when we get vets or widows who are owed Nehmer money that the RO failed to pay.We had a few here already at hadit.
If the VA had properly handled my claim and sent it to the PRC in May of 2009 my case would be resolved by now. But I am grateful they again buggered up my claim as I learned of the internal VA AO claims procedure- and would not have known how it worked if they had given me the proper AO award at that time." [quote berta]
Edited by Commander Bob, 26 December 2010 - 07:47 PM.