This eBook will teach you how to get C-Files (paper and electronic) from the VA Regional Office.
How to Get your VA C-File

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    • Should I file a claim now or wait?
      Sax, your NEW claim has no bearing or affect on the Issues being Appealed to the BVA. I don't recall you mentioning that you actually started a New claim on your E-Ben site. You know, right, just starting the Claim on E-Ben, establishes your Retro Date? Filing as an FDC, is the way to go. My experience has been very positive with filing FDCs, as soon as the New DX Condition is in my VMC Medical Record. Some would caution, that Filing New Claims would slow down your other older claims or appeals. I filed (2) Secondary FDCs 02 & 04/14, 4 yr old DRO Hearing request was held 06/29/14. Both FDCs (1 Denial, 1 Awarded) were done by 07/14.  Semper Fi  
    • Exams during flare up?
      Oh okay, very good info. Seems similar to the one I had as well. Crossing my fingers for an increase. 
    • DRO hearing
      Rpowell, I would hold off on this until John Dorle sees it.     I think that is the John D you mean. Maybe Dr Bash or even John Dorle could provide an Addendum solely supporting the P & T Issue. I do not see a CUE here. And I do not feel you should drop those pending issues if any of them could possibly cause or contribute to your death. P & T is a medical determination, and like all of the other disability ratings, it requires a C & P exam unless they have significant evidence already, as you said they do in the opinion from Dr. Bash. Even if this involves a new IMO ( Dr Bash might want them to do a new C & P so that his IMO can attack that word for word) it would be well worth the investment  (his fee) in my opinion because the benefits of 100% P & T to your dependents and even with impact on your property tax, depending on where you live, all of that would be worth an IMO specifically for the P & T.        
    • Need some advice
      I'd likely see about voiding the NG enlistment. Can't have both. I'd think that you would not be deployable with the problems you mentioned.
    • C&P Examiner Pushed Me...FORCED
      I want to know if any of you have been forced for movement in your c&p exams by an examiner? I was. In fact, at my exam the examiner went through with me my MRI and showed me MS spots all over my lower spine and all sorts of other problems, I just had surgery for blown discs and paralysis... a several moths prior, it was hard for me to even drive to the exam not being able to hardly feel my feet and I had severe arthritis since it was winter (nerve roots all clumped together), I got around with a cane. So, the examiner had me do the motions and pushed me down, and at the sides, etc... it hurt (she literally threw her hand and pushed me and caused nerve damage, my back was extremely swollen from arthritis), I had no idea what she was doing and because of my problems I had some incontinence which was embarrassing. I had developed this from exposures to certain things in OEF (spots on spine). I was so mad, how bad the VA was screwing me any way they could and hell I just got back from war a year prior and this is how I was treated for sacrifice to the country. I left in tears and dirty drawers. I had no idea what to do, the VA hospital refused me c&p records from this and the VA only used it against me and then ignored as the exam didn't exist and the service reps with DAV, American Legion, all didn't give a damn and since I was a very young guy-they didn't care either; being first wave of guys back from war it was sparse to see young vets since not being in war for a long time-I am sure-but they didn't give a damn-USELESS SERVICE ORGANIZATIONS. I tried to fight back, I got nowhere, the VA was against me, in a demonic way. THIS WAS A VERY, VERY, VERY BAD EXPERIENCE I WANTED TO SHARE WITH YOU.  I realized the examiner was puppet for money, the VA and some demonic people within the VA wanted to screw me and that VSO's are worthless and YOU are all on your own. By the way, why is it if you have pieces of your spine removed it isn't considered like a loss of a body part is, losing a leg or an arm is paid out SMC, but if your missing parts of your spine how in the world is that now considered a loss of a body part and not entitled to SMC? It would be like saying, oh you use a prosthetic leg, so you leg is fine, no loss. Hence, segments of spine removed and replaced, fused, etc. I wonder why this topic hasn't caused more fuss in the VA community as range of motion is a joke, and that just all that is used to rate. 
    • Need some advice
      Hello to my fellow Brothers and Sisters this is my first post, I've been a long time lurker. I am a recently discharged OEF Vet. I joined the National Guard prior to my ETS. I really only joined for the healthcare to help out my family members. I knew my mind and body was breaking down too much to carry on doing active duty Infantry and I wasn't allowed to re-class. The Guard offered me one so I decided to re-class in the Guard to a HR MOS. I didn't receive a bonus and haven't gone to my AIT for the re-class yet. I've only participated in one Drill weekend. I recently received my award letter for 100% SC P&T. I don't know what to do now about staying in the Guard? Will I be penalized by the VA? Will it change my rating? Will the Guard just MEB me? Any advice is appreciated.
    • Proof C&P Exams are often frauds
      We'll, I have been lucky so far, but we will see.  I have a C&P coming up for my secondary for heart disease from HBP.  I am scheduled for a echocardiogram. Just went throught all the tests with my cardialogist., to enclude an echocardiogram, and those records went in with my claim. I will compare the two. Maybe my C&P doc (or RN) will be a podiatrist.  You never know.. Hamslice      
    • Should I file a claim now or wait?
      Thanks everybody, I think I will go ahead and push that go button!  The main reason is I want to establish the effective date soon as possible. 
    • Proof C&P Exams are often frauds
      Well, yes, remember who pays for your C and P exam.  Still, regulations provide that if you have a balance where 2 docs differ on opinion, the VA CAN choose one over the other, but has to give a reasons and bases as to why.   For example, one doctor can do a more thorough exam.  Or, one doctor can be preferred if he states he read your records, while another doc does not say this.   If you have been denied, the VA is required to give you the benefit of the doubt if the claim is "in equipose", that is, there is a balance between positive and negative evidence.   When you appeal, you can certainly argue that your private doc did a more thorough exam.   HOwever, your private doc may/may not made an applicable nexus statement.  YOu need to check your records to see if the nexus is there.  
    • Reopened Claim & sent my Medical Records as evidence.
      No real update other than they've been treating my back/migraines with medication. They're setting up an eye exam to see if that has anything to do with the migraines. The doctor they sent me to examined me and was amazed at how bad my physical condition was and the VA not taking any responsibility by not service connecting any of my conditions. (They told me that on an MRI I had in 2000 that I had herniated/bulged discs) I'm still waiting on some kind of update, but it's still in 'gathering evidence' stage. They have my service records now as well as chiropractic records and the records from this recent trip to the doctor. Wondering if I'll get another C&P exam scheduled as I can't find anything in my eBenefits records history about the first one I had and the medical building I had it done at has been out of business for several years. They did send an email saying they should have a decision on my claim by April 2017??? Wow...That's weird they would even set that deadline so far I really don't know what to do but wait...

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078. What Is The Nehmer Case?


78. What is the Nehmer case?

Additonal Reading

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

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.

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