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Nehmer Review Criteria

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I have seen some misunderstandings of this case as it applies to claims under the new presumptives.

Not necessarily misunderstood at this site but it took me time to explain this to a local vet recently and by giving him copy of part of my Nehmer letter I think it helped and maybe I should post that part here too:

"This case was identified as a potential Nehmer class member case based on the addition of Ischemic Heart Disease,Parkinson's disease, and B Cell Hairy Cell Leukemia to the list of diseases presumptively associated with exposure to certain herbicide agents used in Vietnam.

Entitlement to potential retroactive benefits applies in all cases wherein VA received a claim,or a claim for benefits was pending, or wherein VA denied benefits ,on or after September 25,1985 and before August 31, 2010. This case qualifies for the special review based on a possible prior VA benefits claim for one of the three new presumptive diseases.”

The letter explains better than I can the important dates regarding Nehmer.

I can't determine if my CUE claim (which they pulled from BVA stack and put under Nehmer) or my Aug 10th 2010 claim prompted this letter.

I copied and pasted directly from a past BVA denial (and added the hyperlink)I had for a heart disease claim so maybe that was the claim they focused on for this letter.

Still the letter briefly states exactly the legalize of Nehmer in a few words.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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