Nehmer Retroactive Date?

[THOMAS89031]

ANYONE KNOW WHAT DATE IS USED FOR RETROACTIVE PURPOSES?

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

THANKS

THOMAS89031

[Berta]

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.

[Philip Rogers]

I would think if someone applied for IHD, earlier, and was denied the VA would use that date. jmo

pr

[john999]

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.

[revlonnie]

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.

[N4XV]

 

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.

[john999]

So if the vet died 20 years ago from IHD the widow only gets paid from the time she files the claim. You know this is basically unfair. The VA and the government know the vet died from AO exposure. If the widow never filed she would not get a dime. This should be automatic back to the day of death from service connected cause. This is the VA playing a dirty game with spouses which is called "how do we legally screw this spouse of a "fallen hero" out of DIC. The country holds the dead vet up as a hero on the one hand and screws the spouse on the other. This is just like all AO claims since the government knows darn well the exposure caused the disease. The AO was a ticking time bomb inside the vet but you only get compensated when the bomb explodes. Same with PTSD and all the rest of delayed action disease bombs caused by war. Did the vet not have PTSD until he filed for it? I know the law, but it is unfair and a disgrace to those who sacrifice. There is the law and there is justice. They are at opposite ends of the universe.