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.

[john999]

Berta

Have you heard back from veterans legal service program about Nehmer. I sent them the email and got a canned response but that is all. I gave them all my information and that is the last I heard from them.

[Berta]

John -the AO email addy at NVLSP does not involve the same NVLSP lawyer I contact from time to time-if that is what you mean ???

The lawyer handling the Nehmer emails is preparing a data base that will be compared with the Nehmer list from the VA they are preparing.I dont know who this lawyer is.

None of us are getting more then the canned response if we contact NVLSP via the AO addy at their site.

NVLSP does want to hear from us in the data base- with email to their AO addy- when the VA either awards or denies our AO claims.

[carlie]

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.

Rick

Computer Tech,

In regards to your diabetes, I noticed the following matter of importance I read in your Sept. 2010 Rating Decision.

Rating Decision September 29, 2010

DECISION

1 . The claim for service connection for diabetes mellitus type II remains denied

because the evidence submitted is not new and material.

REASONS FOR DECISION

1. Service connection for diabetes mellitus type II

Additionally,no medical evidence has been received stating you have this condition

and it began in or is related to military service.