ptsd Nehmer.......?

[hawkfire27]

I was just trying to understand what Nehmer does.

I understand it effects retro in Agent Orange claims but how?

Does it take retro back to the 1st claim date that was previously denied?

or does it take it back to date of diagnosis?

In the case of an IHD claim, if the first claim date was in 1996, but the vet was first diagnosed in 1988 for IHD and recieved SSD for it at that time and the vet's PTSD rating also goes back to 1988 to the day the first major heart attack happened, how would Nehmer apply?

and how would a vet go about requesting Nehmer to be taken into consideration on their claim, how would you write it up?

Soory about all the questions, just trying to understand this very important Case, and thought other vets with IHD claims may be interested to find out too. :D

Edited May 26, 2010 by hawkfire27

[Berta]

There should be considerable info here as to Nehmer under the AO forum as well as the search feature.We will be doing more shows on AO and Nehmer at SVR radio as well and that info will be posted here for anyone to listen ion or call in with Nehmer questions.

This is the basic retro benefit description under the Nehmer Court Order.

At their web site NVLSP has other extensive Nehmer info.They are the lawyers who represented Beverly Nehmer, widow, and won a class action case that has affected tens of thousands of vets and their dependents,

“The Department of Veterans Affairs (VA) is adding a new provision to its adjudication regulations concerning certain awards of disability compensation and dependency and indemnity compensation (DIC). The new rule explains that certain awards of disability compensation or DIC made pursuant to liberalizing regulations concerning diseases presumptively associated with herbicide exposure may be made effective retroactive to the date of the claim or the date of a previously denied claim, even if such date is earlier than the effective date of the regulation establishing the presumption.

The new rule also provides that VA may pay to certain survivors of a deceased beneficiary, or to the beneficiary's estate, any amounts the beneficiary was entitled to receive under the effective date to reflect the requirements arising from court orders in the class action litigation in Nehmer v. United States Department of Veterans Affairs, No. CV-86-6160 TEH (n.D. Cal.). Effective Date: September 24, 2004”

from

http://www.nvlsp.org/Information/ArticleLi...tivebenefit.htm

I am a Nehmer class action widow.

My husband's death was declared due to AO last year. My EED for DIC is Oct 1994 (DOD)

After a skirmish-they paid up this March.(Skirmish wasn't due to AO death issue but due to something else)

How this works for veterans is under the AO form.

In most cases the EED is the date of any past denial for what is now an AO presumptive disabilty.

This vet lost an EED he wanted but the BVA decision is correct and shws how Nehmer works.

He re-opened in 2003 after a 1999 denial for CLL.

His EED is 1999 date of initial denied claim.

FINDINGS OF FACT

1. The veteran originally claimed entitlement to service

connection for chronic lymphocytic leukemia due to herbicide

exposure on October 20, 1999; the claim was denied in

February 2000.

2. The veteran filed a claim to reopen on January 27, 2003.

CONCLUSION OF LAW

The criteria for an effective date earlier than October 20,

1999, for the award of service connection for chronic

lymphocytic leukemia have not been met. 38 U.S.C.A. §§ 5107,

5110 (West 2002); 38 C.F.R. §§ 3.114, 3.400, 3.816 (2008).

http://www4.va.gov/vetapp09/files1/0901428.txt

[cjevans]

Berta,

This question doesn't come under Nehmer (I don't think).....Is there any benefit out there that can give retro benefits to surviving spounse for Original diagnosis of Cancer of Larynx? What I mean is that my husband was first diagnosed with Cancer of Larynx with cancer surger In September 2001. We did not file a claim until January 2008. We did not know of AO, claims, etc..,until January 2008.

I was just wondering. Don't think so but never hurts to ask. My husband only collected benefits for five months then passed away last year.

Thank you for your post.

[john999]

The VA saved thousands of bucks by not informing your husband that he had an AO claim. I think that is criminal. Did you ever talk to a VSO? I would look at my C-file to see what is in it. There might be some sort of informal claim in there. Anything that might be interpreted as a claim could mean Nehmer.

[Berta]

Yes- I agree John -it is criminal behavior when VA does that-

The issue must be that the claim must have been for what can be reasonably contrused as the same disability that is now presumptive to AO.

[cjevans]

Thanks for the reply but nope, we never put in a claim before January 2008. I had just been wondering if there was something out there for Original Diagnosis of Sept. 2001.

Happy Memorial Day to all our Veterans!