This was mentioned here before at hadit but it pays to mention again-
Although the VA has the Nehmer Training letter (written by NVLSP and not the VBA)
I would guess many vet reps and advocates do not understand this clause to Nehmer-Paragraph 5, Footnote 1- and it bears repeating as to how this provision works-(Nehmer applies only to claims filed after Sept 24, 1985 -if I find any exception or addendum to that date I will post here-I dont think there are any exceptions but I never guess on Nehmer and re read it often.)
I will use example from NVLSP.
1. Vietnam vet files claim for SC for his ulcer on April 1, 1989.
2. VA denies the ulcer claim but the medical exam by VA reveals the vet also had IHD.
3. IHD is listed as NSC on the rating sheet.
4. Vet files new claim for IHD in 2011.
5. The VA awards in 2011 for AO IHD.
6. the veteran's retroactive effective date for compensation is April 1, 1989.
This is an example from VBM, 2010 Edition.(NVLSP)
It is generalized because many claims are not this cut and dried for purposes of Nehmer retro.Then again many are!
A NSC rating is in essense not a SC rating and technically a denial even if that isn't clearly spelled out in the decision.
These are things we have to watch out for here with AO claims, so that no AO vet's proper retro is overlooked.
Also a pension claim is also a SC claim.
A denial of what is now an AO presumptive in any pension claim could certainly mean these claims should be re-opened under the new regs if they reveal any AO condition listed as NSC and hopefully these vets might attain a very favorable EED under Nehmer.
I am setting aside hours this weekend to review Nehmer again.
It takes hours to absorb it all.I have read it countless times.It is a fabulous decision.
We cannot allow any vet to be denied a proper EED and again I remind that NVLSP wants to hear from any vet denied in the past who now has a Nehmer AO claim.or falls into Paragraph 5 Footnote One as above.
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Berta
This was mentioned here before at hadit but it pays to mention again-
Although the VA has the Nehmer Training letter (written by NVLSP and not the VBA)
I would guess many vet reps and advocates do not understand this clause to Nehmer-Paragraph 5, Footnote 1- and it bears repeating as to how this provision works-(Nehmer applies only to claims filed after Sept 24, 1985 -if I find any exception or addendum to that date I will post here-I dont think there are any exceptions but I never guess on Nehmer and re read it often.)
I will use example from NVLSP.
1. Vietnam vet files claim for SC for his ulcer on April 1, 1989.
2. VA denies the ulcer claim but the medical exam by VA reveals the vet also had IHD.
3. IHD is listed as NSC on the rating sheet.
4. Vet files new claim for IHD in 2011.
5. The VA awards in 2011 for AO IHD.
6. the veteran's retroactive effective date for compensation is April 1, 1989.
This is an example from VBM, 2010 Edition.(NVLSP)
It is generalized because many claims are not this cut and dried for purposes of Nehmer retro.Then again many are!
A NSC rating is in essense not a SC rating and technically a denial even if that isn't clearly spelled out in the decision.
These are things we have to watch out for here with AO claims, so that no AO vet's proper retro is overlooked.
Also a pension claim is also a SC claim.
A denial of what is now an AO presumptive in any pension claim could certainly mean these claims should be re-opened under the new regs if they reveal any AO condition listed as NSC and hopefully these vets might attain a very favorable EED under Nehmer.
I am setting aside hours this weekend to review Nehmer again.
It takes hours to absorb it all.I have read it countless times.It is a fabulous decision.
We cannot allow any vet to be denied a proper EED and again I remind that NVLSP wants to hear from any vet denied in the past who now has a Nehmer AO claim.or falls into Paragraph 5 Footnote One as above.
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