diabetes Ao Vets Retro And

[Former Member]

I have posted info on the Nehmer Court Order many times before but a local AO vet I am helping has an issue that made me realise-

the Nehmer Court Order is still in force and I sure hope these vet lawyers will comprehend the significance of it-

Beverly Nehmer is widow of a AO veteran and the Nehmer Decision was the most important VA legislation -in my opinion-in decades.

Basically- the 1991 court order was won by NVLSP and it provided special effective date rules for

AO veterans that faill into the specific categories as defined in the Nehmer Stipulation and Court Order.

VA however, "failed to re-open" claims denied prior to 1991 and that were part of the class action that many of the Nehmer veterans were in.

All of us with AO claims are part of the class action.

NVLSP -from 1999 to 2002 found 1200 vets who had been denied proper application of Nehmer as to their EED.

Then NVLSP forced VA to re-review 13,510 diabetes claims.

These DMII vets fell into a specific category for more retro-

they had been denied previous to the DMII regs for DMII SC.

As long as they had filed a claim for SC of diabetes prior to July 9,2001, they were eligible, under the Nehmer Order, for retro back to the date of the claim that the VA had denied.

Some veterans also got even 2 months more retro then the published reg date.

I could write a book here on Nehmer but my point is- Nehmer was and still is a unique situation for AO veterans.I hope the lawyers will all become familiar with this decision.

It changed EEDs for vets and widows of AO vets .

Through NVLSP's excellent prosecution of Nehmer the VA was forced to pay out over $100 million in retroactive payments to AO vets and NVLSP still urges all AO vets to consider the proper application of Nehmer by the VA in processing their claims.

Here are 2 brief examples of how it works-

Page 630 VBM)

1.Vietnam incountry Vet files claim for ulcer SC and the rating decision lists diabetes as NSC- April 1989.

Vet then files claim when the DMII regs come out . His claim for SC DMII due to AO is dated Oct 23, 1991.

The regs were published for AO DMII on May 8, 2001.

This veteran's EED is April 1989. !!!!

2. Vietnam vet dies of lung cancer on Sept 3, 1982.

Widow files timely DIC claim (within one year after death) and is denied in 1984.

Widow appeals and BVA denies in 1985.

On June 6, 1994 the VA adds lung cancer to the AO list.

The widow finds out the regs have been changed and files a second DIC claim in 1994.

The VA grants the new DIC claim.

The widows EED is September 3, 1982. !!!

I bet there are still thousands of AO claims that VA owes on AO retro.!!!!!

I have a local vet I am helping that they might owe 12 years of AO retro to.

at 100%. It is an intricate claim and his rep is leaving next month- so we have to prepare it well for whoever takes his reps place-

If you are an AO veterans - it might pay to take the time to read the info on Nehmer at NVLSP-

My AO claim falls into the Class Action of Nehmer -I am a Category One widow claimant under Nehmer-

and I realised that my lawyer must fully comprehend Nehmer and take this all into consideration-if I have to hire him.

Each claim situation is so unique that it often pays for a veteran to read the full Nehmer court Order and stipulation at NVLSP web site and also read the VBM info on it.

And make sure your lawyer gets it all-and looks over any past denials you might have had for disabilities that subsequently became SC due to AO regs.

In most cases (not all)

if an incountry Vietnam veteran had a disability listed as NSC After September 25, 1985-

in any rating decision----

that subsequently became an AO disability-

the date of the actual AO claim usually NOT the proper EED -the date of the decision listing the disability as NSC is.

One more example -this is what my local vet falls into -he has NHL Lymphoma-

filed claim in 1995.The award was under Sec 1151-BUT they failed to consider this was an AO disability.

The effective date of Non Hodgkins is Aug. 5, 1964.

The VA did not diagnose this disease properly until 1995 and 1151 was granted in 1995.

I believe the VA owes this vet 12 years at 100% for AO NHL.

A challenging situation-

with the misdiagnosis it is difficult to determine when the veterans actually manifested symptoms of NHL but I can give personal testimony to VA as to fact he was symptomatic back to 1988.

I also believe a good search of his med recs will support that date.

Edited May 18, 2007 by Berta (see edit history)

[Former Member]

sorry all -need to clarify this

Vietnam vet files claim to try to SC ulcer- Claim dated April 1, 1989.

In the decision the rater lists the vets disabilities and lists diabetes as NSC

On Oct 23, 1991 the vet files a claim for DMII due to AO -which the VA grants.

(I think I said this date wrong in prior post)

The veteran's EED is April 1, 1989. (NVLSP page 630)

The EED is retro to the first acknowledgement (NSC diabetes in decision of 1989 claim)

of this now presumptive AO condition and goes back to the date of that prior claim.

Nehmer V. United States Veterans Administration ,284 F 3d. 1158 (9th Circuit 2002), paragra[h 3.816 T (2006)

and Paragraph 5 footnote 1 of 1991 Court Order for Nehmer.