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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    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

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THOMAS89031

Nehmer Retroactive Date?

Question

ANYONE KNOW WHAT DATE IS USED FOR RETROACTIVE PURPOSES?

SUCH AS: IN COUNTRY DATES; DATE OF DISCHARGE, OR DATE OF NEHMER DECISION

THANKS

THOMAS89031

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This is an old post and I regret I missed it-

in this post there is link to NVLSP and the explanation of Nehmer and the EEDS for AO claims.

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If a Vietnam vet died of IHD what would the effective date be for a spouse filing now for the first time for DIC?

There must be a large number of vets who have died from heart disease in the last 40 odd years. Their spouses got nothing if they were not already SC'ed 100% for ten years or died from other SC condition.

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Two weeks ago the VA contacted me and told me that my records were in Muskogee Oklahoma because I was included in the Nehmer Group. I asked them what date would the VA use to determine a retro date according to Nehmer. I had flied a claim for Ischemic Heart Disease on November 8, 2005. I recieved a VA letter denying my claim on May 6, 2006. I was told that my effective date would definitely be the DATE I FILED, NOT THE DATE I WAS DENIED so my claim would surely be going back to November 8, 2005. I called back a little latter and they confirmed to me again that the date WOULD BE November 8, 2005. If you records are at the Nehmer Group in Muskogee OK, you are being considered for retro according to Nehmer. Based on this, Nehmer does apply to all who have had a claim for one of the "New Presumptive" denied in the past. I hope this information to my fellow Vietnam Veterans.

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If a Vietnam vet died of IHD what would the effective date be for a spouse filing now for the first time for DIC?

There must be a large number of vets who have died from heart disease in the last 40 odd years. Their spouses got nothing if they were not already SC'ed 100% for ten years or died from other SC condition.

 From VA's Nehmer Training Guide

The effective date for Dependency and Indemnity Compensation(DIC) claims must be one of the following dates:

 

·      The date VA received the claim, or

·      The first day of the month of the Veteran’sdeath, if filed within one year from the date of the Veteran’s death

 

NOTE:  If the class member’s claim for DIC for thedeath was either pending before VA on May 3, 1989, or was received by VAbetween that date and the effective date of the statute or regulationestablishing a presumption of service connection for the covered herbicidedisease that caused death, the effective date of the award will be the later ofthe date such claim was received by VA or the death occurred (38 C.F.R. §3.816(d)(2)). 

 

NOTE: 38 U.S.C. § 5110(g) and 38 C.F.R. § 3.114(a) do not apply to Nehmerclaims.

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