Nehmer Question

[Computer Tech]

I am a Thailand vet who worked on the perimeter of Camp Friendship while stationed at Korat airbase, in Feb of 2008 I filed a claimed for CAD which was denied. When IHD was added to the list I asked the VA to reopen my CAD claim as IHD in Nov 2009. Today I got a letter from the San Diego RO saying that they had reviewed my claim folder in accordance with Nehmer but since there is no conclusive evidence of service in Vietnam or exposure to herbicides used in Vietnam no further review under Nehmer is required.. My question is does the Nehmer decision only apply to Vietnam or does it apply to exposure to herbicides regardless of where exposed?

I worked at the Karot AutoDin Switching center which was located in the Jones Park area of Camp Friendship which was near the perimeter and I have previously submitted to the VA the CHECO report, the mission directive, along with pictures of the area surrounding the building and a body letter stating that the center was located near the perimeter and that the area between the building and the fence was brown and barren the entire time he was there. This week in support of my IHD I sent in medical records from my bypass surgery in 1991, a performance report showing I worked at the AutoDin Switching Center, a map of Camp Friendship showing where Jones Park was located and a personal statement stating that I worked at the switching center which was located about fifty yards from the fence and that the area surrounding the building was brown and barren the entire time I was there. Hopefully I'll be granted exposure on a facts found basis. By the way I was a computer tech not a security policeman or security dog handler.

[Philip Rogers]

I believe it should apply, to you, because it has to do w/AO exposure and not just specifically VN service. Sounds like you'll need conclusive evidence of exposure. jmo

pr

I am a Thailand vet who worked on the perimeter of Camp Friendship while stationed at Korat airbase, in Feb of 2008 I filed a claimed for CAD which was denied. When IHD was added to the list I asked the VA to reopen my CAD claim as IHD in Nov 2009. Today I got a letter from the San Diego RO saying that they had reviewed my claim folder in accordance with Nehmer but since there is no conclusive evidence of service in Vietnam or exposure to herbicides used in Vietnam no further review under Nehmer is required.. My question is does the Nehmer decision only apply to Vietnam or does it apply to exposure to herbicides regardless of where exposed?

I worked at the Karot AutoDin Switching center which was located in the Jones Park area of Camp Friendship which was near the perimeter and I have previously submitted to the VA the CHECO report, the mission directive, along with pictures of the area surrounding the building and a body letter stating that the center was located near the perimeter and that the area between the building and the fence was brown and barren the entire time he was there. This week in support of my IHD I sent in medical records from my bypass surgery in 1991, a performance report showing I worked at the AutoDin Switching Center, a map of Camp Friendship showing where Jones Park was located and a personal statement stating that I worked at the switching center which was located about fifty yards from the fence and that the area surrounding the building was brown and barren the entire time I was there. Hopefully I'll be granted exposure on a facts found basis. By the way I was a computer tech not a security policeman or security dog handler.

[Philip Rogers]

I believe it should apply, to you, because it has to do w/AO exposure and not just specifically VN service. Sounds like you'll need conclusive evidence of exposure, but then what do I know. jmo

pr

I am a Thailand vet who worked on the perimeter of Camp Friendship while stationed at Korat airbase, in Feb of 2008 I filed a claimed for CAD which was denied. When IHD was added to the list I asked the VA to reopen my CAD claim as IHD in Nov 2009. Today I got a letter from the San Diego RO saying that they had reviewed my claim folder in accordance with Nehmer but since there is no conclusive evidence of service in Vietnam or exposure to herbicides used in Vietnam no further review under Nehmer is required.. My question is does the Nehmer decision only apply to Vietnam or does it apply to exposure to herbicides regardless of where exposed?

I worked at the Karot AutoDin Switching center which was located in the Jones Park area of Camp Friendship which was near the perimeter and I have previously submitted to the VA the CHECO report, the mission directive, along with pictures of the area surrounding the building and a body letter stating that the center was located near the perimeter and that the area between the building and the fence was brown and barren the entire time he was there. This week in support of my IHD I sent in medical records from my bypass surgery in 1991, a performance report showing I worked at the AutoDin Switching Center, a map of Camp Friendship showing where Jones Park was located and a personal statement stating that I worked at the switching center which was located about fifty yards from the fence and that the area surrounding the building was brown and barren the entire time I was there. Hopefully I'll be granted exposure on a facts found basis. By the way I was a computer tech not a security policeman or security dog handler.

Edited December 3, 2010 by Philip Rogers

[Berta]

. "My question is does the Nehmer decision only apply to Vietnam or does it apply to exposure to herbicides regardless of where exposed?"

It applies to any claim for any AO disability if the veteran has proven exposure to AO- anywhere.

Kurt Priessman called me last night and sent me 3 decisions he helped Thailand vets (one is widow's claim) recenty get awarded.

In one claim the BVA references his work from "K.P." but in the one he sent last night the BVA referred directly to Kurt Priessman and the studies he has done regarding AO and Thailand.

I knew Kurt when he started out with his claim- it took lots of research on his part to get to the point that the BVA is citing him just as they would cite any medical expert.

"there is no conclusive evidence of service in Vietnam or exposure to herbicides used in Vietnam no further review under Nehmer is required. My question is does the Nehmer decision only apply to Vietnam or does it apply to exposure to herbicides regardless of where exposed?"

Their statement is correct at this point-as to Nehmer-

Can you scan and attach the decision so we can see what evidence they used and how they worded the denial?

Did they refer to your evidence at all?

As Kurt discussed with me last night- once a perimeter was sprayed it stands to reason that the dioxin was not limited to the sprayed area.If I am not careful with Roundup-a strong herbicide- it can scatter into my flower beds.

But VA does not assess these claims with that type of logic. They hold to the regulations - did you send the the new C & P bulletin on Thailand and did they refer to it in the decision?

I know it is specific to certain MOS but still it raises points they should consider for any vet who was near any sprayed perimeter.

[Computer Tech]

. "My question is does the Nehmer decision only apply to Vietnam or does it apply to exposure to herbicides regardless of where exposed?"

It applies to any claim for any AO disability if the veteran has proven exposure to AO- anywhere.

Kurt Priessman called me last night and sent me 3 decisions he helped Thailand vets (one is widow's claim) recenty get awarded.

In one claim the BVA references his work from "K.P." but in the one he sent last night the BVA referred directly to Kurt Priessman and the studies he has done regarding AO and Thailand.

I knew Kurt when he started out with his claim- it took lots of research on his part to get to the point that the BVA is citing him just as they would cite any medical expert.

"there is no conclusive evidence of service in Vietnam or exposure to herbicides used in Vietnam no further review under Nehmer is required. My question is does the Nehmer decision only apply to Vietnam or does it apply to exposure to herbicides regardless of where exposed?"

Their statement is correct at this point-as to Nehmer-

Can you scan and attach the decision so we can see what evidence they used and how they worded the denial?

Did they refer to your evidence at all?

As Kurt discussed with me last night- once a perimeter was sprayed it stands to reason that the dioxin was not limited to the sprayed area.If I am not careful with Roundup-a strong herbicide- it can scatter into my flower beds.

But VA does not assess these claims with that type of logic. They hold to the regulations - did you send the the new C & P bulletin on Thailand and did they refer to it in the decision?

I know it is specific to certain MOS but still it raises points they should consider for any vet who was near any sprayed perimeter.

I've attached the letter I received yesterday. So far they haven't denied my IHD claim only my diabetes and glaucoma claims. I've previously posted about the Sep 2010 denial for diabetes and glaucoma in which they ignored my evidence and didn't follow the C&P bulletin. If Nehmer applies to any AO exposure I find it interesting that they're only asking for evidence of service in the Republic of Vietnam or its inland waterways. As I said earlier in the week I sent in the medical records from my bypass surgery in 1991, a copy of my performance report from my time in Thailand showing that I worked at the Korat AutoDin Switching Center, a personal statement stating that while in Thailand I worked at the Switching Center which was located in the Jones Park area of Camp Friendship and that the area surrounding the building and to the perimeter fence which was about 50 yards was brown and barren the entire time I was there, lastly I included a map of Camp Friendship showing the location of Jones Park.

On those BVA decisions you talk about, where can I find them.

Appreciate the answers Berta,

Rick

Nehmer Letter.PDF

[Berta]

The first case is a widow's claim- the veteran did not have the MOS as security police or dog handler-

AO Thailand causing death-granted

The second case- the vet during the course of this appeal also proved he had briefly been in Vietnam-I think that was the heaviest factor in that award.

He had no flight log records.

Kurt discussed this with me- it is VERY possible that many Thailand vets did have a brief stop over in Vietnam.If they can prove that as this vet did-the VA must award for any AO disability.

You have to challenge their letter by making sure they address your evidence-you might well have to send it to them again and raise a good argument to this blatant denial.I sure would.

It really looks like they did not consider anything you sent to them yet.

Kurt argued at everything the VARO sent to him-

this is how I succeeded in my claims too-

we have to respond in the time frame they give us and keep raising and advancing our issues with evidence.

I think their letter is highly deficient-or they are waiting for your response --do you have a rep vet?

Was there more to the letter than what you attached here?

I have had claims that VA decided to brush off and it did them no good because I just kept sending them evidence that they had to respond to.

I had to send much of it many times before they would read it.

For some of us this is what we must do.

Kurt and I and many here are alike in one respect- we simply do not take no for an answer when we believe in our claims and the potential for them to succeed.

I feel you should send them the C & P Bulletin ,CHEKO report and everything you have and then explain to them how your MOS as well put you so near to the perimeter that you were exposed to the AO.

Even if you sent this stuff already -

did they send you a formal VCAA letter or is this all you got?

PS always get proof of mailing- I always use Priority USPS with a tracking slip-

They deliberately lost my husband's autopsy TWELVE times, said a critical report was missing when I FTCAed them and then tried to tell me it never even existed.

I have that report right here.SOmetimes they play games with us.

I have posted other Thailand AO awards here and although the VA does not consider BVA decisons for other vets,as probative to the vet who mentions them in any appeal- I think it would be good idea for you to add those BVA citations to your argument.To show them you are aware that VA has made these awards.

Send them copies of any pictures or maps you have and pinpoint where you were in relation to the perimeter.

Can you get any buddy statements?

BOARDAPPEALSGRANTED.doc

Edited December 3, 2010 by Berta

[Computer Tech]

The first case is a widow's claim- the veteran did not have the MOS as security police or dog handler-

AO Thailand causing death-granted

The second case- the vet during the course of this appeal also proved he had briefly been in Vietnam-I think that was the heaviest factor in that award.

He had no flight log records.

Kurt discussed this with me- it is VERY possible that many Thailand vets did have a brief stop over in Vietnam.If they can prove that as this vet did-the VA must award for any AO disability.

You have to challenge their letter by making sure they address your evidence-you might well have to send it to them again and raise a good argument to this blatant denial.I sure would.

It really looks like they did not consider anything you sent to them yet.

Kurt argued at everything the VARO sent to him-

this is how I succeeded in my claims too-

we have to respond in the time frame they give us and keep raising and advancing our issues with evidence.

I think their letter is highly deficient-or they are waiting for your response --do you have a rep vet?

I think that they're waiting for a response and yes I have a rep, the county VSO.

Was there more to the letter than what you attached here?

Just how to contact them.

I have had claims that VA decided to brush off and it did them no good because I just kept sending them evidence that they had to respond to.

I had to send much of it many times before they would read it.

For some of us this is what we must do.

Kurt and I and many here are alike in one respect- we simply do not take no for an answer when we believe in our claims and the potential for them to succeed.

I feel you should send them the C & P Bulletin ,CHEKO report and everything you have and then explain to them how your MOS as well put you so near to the perimeter that you were exposed to the AO.

Even if you sent this stuff already -

I'll send it Monday along with what I sent in this past week.

did they send you a formal VCAA letter or is this all you got?

What I sent in this week was in response to a VCAA from Los Angeles but since this letter is from San Diego I'll send them what I sent Los Angeles which was a personal statement, my performance report from Thailand, a map of Camp Friendship and my bypass surgery records, I want them to have the surgery records because they show that my heart is enlarged.

PS always get proof of mailing- I always use Priority USPS with a tracking slip-

They deliberately lost my husband's autopsy TWELVE times, said a critical report was missing when I FTCAed them and then tried to tell me it never even existed.

I have that report right here.SOmetimes they play games with us.

I have posted other Thailand AO awards here and although the VA does not consider BVA decisons for other vets,as probative to the vet who mentions them in any appeal- I think it would be good idea for you to add those BVA citations to your argument.To show them you are aware that VA has made these awards.

Send them copies of any pictures or maps you have and pinpoint where you were in relation to the perimeter.

Can you get any buddy statements?

I do and I'll send it to them again.

Appreciate the help and suggestions Berta,

Rick