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Accrued Benefits Under Nehmer
Posted 10 January 2012 - 11:01 AM
The traditional accrued regs under 38 USC 5121 and 3.10000(a) do not apply to Nehmer claims.
If the veteran was owed compensation under the 3 new presumptives, this money must go to his/her surviving spouse or any next of kin.
Although the Nehmer Training Guide says one does not need to apply for accrued if they are a Nehmer class member, who is eligible for accrued due to the new AO presumptives, they should formally apply for them anyhow.
If a Formal DIC claim has already been filed (maybe decades ago) this could be a simple letter asking for accrued benefits when their Nehmer DIC claim is readjudicated and should be sent to the VARO which sent them the Nehmer letter.
Many widows are eligible for accrued SMC benefits due to the new regulations.