Jump to content
  • Searches Community Forums, Blog and more

  • Advertisemnt

  • 0

Footnote One Nehmer 2010


Broncovet asked:

, I think what Mr. Spartaro is saying is there there is a claim for IHD because its a presumptive, and the Vet need not apply for it specifically.    In other words, the effective date would be the "facts found", because the effective dates are determined by Nehmer class.  Maybe Berta can chime back in and explain "footnote 1”:

What it means is that the veteran had to have raised the IHD issue in a past claim.Or the medical evidence VA had warranted that they code the IHD as NSC with a percentage.

In other words, say a female Vietnam vet ( there were almost 11 thousand women who served incountry-Vietnam during the war)

filed for PTSD and IHD in 2007. She obtained a 50% rating for her PTSD and a NSC 30% rating for the IHD.

Her SMRs were silent for any heart disease and she offered no medical nexus of the IHD to her PTSD or to her service .She did not appeal the decision.

The VA was supposed to review all  past decisions to Vietnam veterans who might have had a NSC rating in the past for what, after Nehmer III (August 2010), became a valid AO presumptive disability.

As many here might recall- the VA screwed that all up.

The veteran above should have had her past decision pulled out and then been sent a letter advising her of the new Nehmer  presumptives and also advising her to formally file the claim for the IHD.

Many vets thought they did not have to file a claim because they probably had VSOs who didn’t understand Nehmer at all. The advice here at hadit was to File the claim.

I was one of the Nehmer claimants who VA never informed of the Nehmer decision and should have.

I filed the claim 2010, awarded 2012.

Per the Nehmer Training Guide by MOPH ( Military Order of the Purple Heart)

In part:

“The most common VA error in Nehmer decisions is misapplication of footnote 1 of the 1991 Nehmer Final

Stipulation and Order – “FN 1 Claims.”


"Simply put, if a disability was coded or should have been coded in a rating decision pursuant to a provision in the VA Adjudication Procedures Manual in effect at the time of the 1991 Final Stipulation and Order, there is a Nehmer claim."

http://www.purpleheart.org/ServiceProgram/Training2013/15-M-Nehmer Phase II - March 2013.pdf       (48 pages- a GREAT read on Nehmer!)


So basically,if  an inountry Vietnam veteran had been denied in the past for IHD, Hairy Cell B, or Parkinson’s, and they were an incountry Vietnam Veteran, and the disability was rated with a % and NSC status, and if the VA never advised them of the new Nehmer (2010), and they never heard this news on TV or in any newspapers ( many vets are still not PC savvy) they can still file a claim under Nehmer for retroactive compensation,unless they have already been compensated properly for IHD, HC B or ,Parkinsons , under a direct SC award.(the case of the recent posts here by a widow)


The “should have been coded part” is a little tricky…

I am the only “should have been coded” Nehmer claimant that I know of. There might be more,and I will search VA for them at the VA.

My husband in his lifetime raised the heart disease issue in his Section 1151 claim.His claim was that VA failed to properly assess and treat his PTSD and therefore could have misdiagnosed fatal conditions such as heart disease, and stroke (which the record revealed was misdiagnosed by VA for almost three weeks, after his admission to a VAMC,)

I had to continue that claim when he died, resulting in the 100% SC PTSD posthumous award from  a separate PTSD claim he had filed, and a TDIU form was filed ,and then the 1151 issue was resolved in a 1998 decision (DIC award.

But the IHD was never coded on the rating sheet at all.

I proved in my 2010 AO death claim that it “should have been coded under Footnote One.”

The veteran received no diagnosis at all for heart disease and no treatment from the VA.

The medical records I got after he died, contained the proof of the heart disease back to 1988, then 6 years of no treatment at all.

I had to practically become a cardio doc myself to decifer many handwritten records and assessments that appeared when he was transferred to a different VAMC, who had to cover up the malpractice he had received from the local VAMC.

The VA , per the DIC award c and  listed their medical errors as cause of death, clearly indicated their knowledge of the misdiagnosed and untreated  IHD and they also had the VACO FTCA report.

What they “lost” mysterious for the next 9 years was the Peer Review cardio malpractice report.

Nevertheless ,I finally found that report (which VA told me never had existed) and that fully corroborated my lay medical evidence (done within 5 months of filing my FTCA case)so I used that as evidence for my 2010 AO IHD claim and that report and other evidence gave me a favorable EED for AO IHD, which “should have been coded” but never had been –even on the DIC award that described the malpractice.

Nehmer is very well explained as to Footnote One in the MOPH link.

Basically ,if a past decision coded as NSC with a rating , any one of the 3 new 2010 presumptives, then that is a Nehmer claim.

Since  VA’s  review of past decisions of Vietnam incountry vets was faulty, it  is ‘as likely as not’ the VA still owes some Vietnam vets CASH!

Or retroactive accrued benefits for their survivors.

I believe there are still Vietnam Vets and/or their survivors out there who never learned of the Nehmer Court Order of 2010.

Please make sure your spouse has access info, and even your password to hadit, in the event of your death- whether from an AO condition or anything else.

There is more discussion here on FootNote One available under a search.

It is the most important part of Nehmer (August 2010) I have no idea, if VA adds new AO presumptives by November, if they will have a Footnote One provision.











http://www.purpleheart.org/ServiceProgram/Training2013/15-M-Nehmer Phase II - March 2013.pdf




Edited by Berta

Share this post

Link to post
Share on other sites

1 answer to this question

Recommended Posts

  • 0

I was unable to edit my post----I mentioned the example of the female vet- I should have added that the claim was resolved prior to Nehmer, as to the 50% PTSD, and NSC IHD and not appealed.

If it HAD  been appealed as to the 2010 AO Nehmer decision, and was still pending , that alone should have trigged the VA to apply Nehmer.

I will promptly contact my good buddy, Rick Spataro at NVLSP, Head Nehmer lawyer ( and we both are Led Zepplin fans!!) if we have any questions regarding any new AO presumptives that might need clarification on their adjudication.


Edited by Berta
adding additional info

Share this post

Link to post
Share on other sites


Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Advertisemnt

  • Latest News
  • Our picks

    • Survivors- a Must read
      If you are new to hadit and have DIC questions it would help us tremendously if you can answer the following questions right away in your first post.

      What was the Primary Cause of Death (# 1) as listed on your spouse’s death certificate?

      What,if anything, was listed as a contributing cause under # 2?

      Was an autopsy done and if so do you have a complete copy of it?

       It can be obtained through the Medical Examiner’s office in your locale.

      What was the deceased veteran service connected for in his/her lifetime?

      Did they have a claim pending at death and if so what for?

      If they died from anything on the Agent Orange Presumptive list ( available here under a search) when did they serve and where? If outside of Vietnam, what was their MOS and also if they served onboard a ship in the South Pacific what ship were they on and when? Also did they have any major  physical  contact with C 123s during the Vietnam War?

      And how soon after their death was the DIC form filed…if filed within one year of death, the date of death will be the EED for DIC and also satisfy the accrued regulation criteria.
        • Like
      • 17 replies
    • If you are a Veteran, represented by MOPH, you need to know that MOPH is closing down its offices.  This can have a drastic effect on your claim, and it wont be good for you.  You likely need to get a new representative.  

      This station confirms MOPH is closing its doors:


      • 0 replies
    • Retroactive Back Pay.
      Retroactive Back Pay - #1Viewed Post Week of March 19. 2018

      My claim is scheduled to close tomorrow for my backpay.
      Does anyone know if it does close how long till the backpay hits the bank?
      Also does information only get updated on our claims whenever the site is down?
      • 44 replies
    • Examining your service medical records...
      * First thing I do after receiving a service medical record is number each page when I get to the end I go back and add 1 of 100 and so on.

      * Second I then make a copy of my service medical records on a different color paper, yellow or buff something easy to read, but it will distinguish it from the original.

      * I then put my original away and work off the copy.

      * Now if you know the specific date it's fairly easy to find. 

      * If on the other hand you don't know specifically or you had symptoms leading up to it. Well this may take some detective work and so Watson the game is afoot.

      * Let's say it's Irritable Syndrome 

      * I would start page by page from page 1, if the first thing I run across an entry that supports my claim for IBS, I number it #1, I Bracket it in Red, and then on a separate piece of paper I start to compile my medical evidence log. So I would write Page 10 #1 and a brief summary of the evidence, do this has you go through all the your medical records and when you are finished you will have an index and easy way to find your evidence. 

      Study your diagnosis symptoms look them up. Check common medications for your IBS and look for the symptoms noted in your evidence that seem to point to IBS, if your doctor prescribes meds for IBS, but doesn't call it that make those a reference also.
      • 9 replies
    • How to get your questions answered on the forum
      Do not post your question in someone else's thread. If you are reading a topic that sounds similar to your question, start a new topic and post your question. When you add your question to a topic someone else started both your questions get lost in the thread. So best to start your own thread so you can follow your question and the other member can follow theirs.

      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.

      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.

      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.

      Leading to:

      Post clear questions and then give background info on them.


      A. I was previously denied for apnea – Should I refile a claim?

      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?

      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.


      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
  • latest-posts-activity.pngstart-new-topic.pngsearch.png

  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading


Important Information

{terms] and Guidelines