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Training Letter 10-04.pdf



Veterans Benefits Administration

Washington, DC 20420

June 14, 2010

Director (00/21) In Reply Refer To: 211A

All VA Regional Offices Training Letter 10-04

SUBJ: Training Guide for the readjudication of Claims for IschemicHeart Disease (IHD), Parkinson‟sDisease (PD), Hairy Cell Leukemia (HCL) and other Chronic B-cell Leukemias, andother Diseases Under Nehmer


On October 13th, 2009, SecretaryShinseki announced his intent to establish presumptive service connection forIHD, PD, and HCL for Veterans who served in the Republic of Vietnam. This decision was based on the Instituteof Medicine‟s seventhbiennial update, "Veterans and Agent Orange: Committee to Review the Health Effects in Vietnam Veteransand Exposure to Herbicides." Under the court order of the U.S. District Court forthe Northern District of California (the "Court") in Nehmer v. U.S.Department of Veterans Affairs, 712 F.Supp. 1404, 1409 (N.D. Cal. 1989), VA must readjudicate previously deniedclaims for IHD, PD, or HCL filed by Nehmer class members (Vietnam Veterans and their survivors) and provideretroactive benefits pursuant to 38 C.F.R § 3.816. This requirement involves claims filed or denied fromSeptember 25, 1985, to the effective date of VA‟s final regulation establishing a presumptionof service connection for the disease claimed. Such claims may not be finally adjudicated until VA‟s regulation change at 38C.F.R. § 3.309(e) is final, which will add these three diseases to the list ofdiseases associated with herbicide exposure.

Edited by fanaticbooks

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