Victims Of The

[Berta]

http://www.vawatchdog.org/08/nf08/nfJUL08/nf072908-6.htm

Larry Scott's remarks here are right on the mark-

A local vet I helped with a very good claim died before the BVA could address it.

His POA screwed around for years with a Sec 1151 claim he had -worth onky 10% at most- and here the vet all that time had a very valid claim for 100% SC and SMC.He was widower so no one could re-open the claim.

This happens more then we know.

[jmlo]

Berta,

This is so sad. I am wondering if the vet is a widower with surviving children, are the children able to open the claim? Or can children submit a new claim for a deceased parent?

[Berta]

Good question-

Only Nehmer class action members (that is any AO vet and their immediate survivors)have any rights to survivorship on VA claims.

This brings another point I am always concerned about-

If a Nehmer AO vet dies and has no widow, his chilcren or Estate often has rights of survivorship under the Nehmer Stipulation.

Meaning the VA has to seek any beneficiary the deceased vet had when there is a retro amount under Nehmer for an AO claim and the veteran has died with no spouse.

I dont think most vet reps know this as they dont take the time to study Nehmer-one of the most important decisions ever made for Vietnam vets-

and therefore-does the VA really seek the survivors and tell them they might be eligible for retro due to the deceased veteran under Nehmer. ?

I am briefly describing this facet of Nehmer here and recently discussed it with NVLSP attorney-

Hopefully at SVR Radio I can do an entire show on Nehmer someday and get some lawyers from NVLSP on the show (they won Nehmer -and Beverly Nehmer (widow)made sure she kept that claim going until she succeeded.

EVERY AO vet should be aware of the Nehmer stipulation and COurt Order-

it is at the NVLSP web site and discussed at length in the annual VBM.

I consider myself as an advocate with plenty of expertise on Nehmer -and I have found fundamental knowledge of Nehmer is lacking in many reps and VSOs.

Edited July 29, 2008 by Berta