Nehmer phase I & II Interesting read.

[Buck52]

http://www.purpleheart.org/ServiceProgram/Training2013/15-M-Nehmer%20Phase%20II%20%20-%20March%202013.pdf

check out a lot of these pages all the pages is really interesting.

I found DIAGNOSE & CODING to be very interesting that most of us didn't know about?

 scroll down to page #21-21-23, 24 and on down depending on what type claim you may have and some of this information may or maynot be outdated?

If you read most of these Nehmer Phases   it could certainly put a new prospective to your claim.

check them out!!

............................Buck

Edited April 3, 2016 by Buck52

[Berta]

That is covered here under all of the Nehmer Footnote one info Buck (in our AO forum)...however I am glad you posted this again because of the latest AO mess:

http://www.hdnews.net/news/local/agent-orange-benefit-screening-process-scrutinized-in-congress/article_f4f30385-6fc3-5e4b-aff7-9d11a1955517.html

If a Vietnam veteran had a NSC disability , diagnosed and coded in a past rating decision, that ultimately became an AO presumptive disability under the most recent AO regs,, then under Nehmer the coded disability should have provided, in most cases, a very favorable EED .

Rick Spataro, Nehmer head lawyer for NVLSP, discussed  this codicil with  me and I posted his email on it here some years ago.

Many AO vets here fell under the Footnote One provision, and as an AO widow, I fell under it too.

Nehmer II provided benefits for any ultimately AO deemed disability that either was gioven a diagnostic code in a past decision as NSC or SHOULD HAVE BEEN CODED.

I highlighted that part because I am sure that I was not the sole Nehmer claimant with a "should have been" Footnote one claim.

No diagnosis or treatment for IHD in my husband's med recs. I filed CUE on that in 2003.

Nehmer 2012 awarded the CUE, because the IHD Should have been coded and rated (it wasn't because it had been a malpractice issue)

Then Footnote one kicked in and the EED for my award. (I filed the AO IHD claim in 2010) went back to 1988.

Thanks for posting this again because the AO issue is not over ,by any means.

The recent IOM report might well bring more Nehmer claims to light.....

and if any AO vet reads your post and realizes that their AO award (under Nehmer II) might be wrong as to the EED, they can file CUE.

I am preparing another CUE on my Nehmer award, asking them to CUE a specific part of their award regarding the IHD rating.

I bet there are still many AO vets and./or AO surviving dependents who have legitimate  AO claims they have not filed yet.

 

 

 

 

[Berta]

I am adding the past link to Rick Spataro's  email I mentioned, just in case we need it :

http://community.hadit.com/topic/42662-footnote-one/

Footnote One ,in my opinion,  was the most important part of Nehmer II.

[Buck52]

Exactly Ms berta

''The recent IOM report might well bring more Nehmer claims to light.....

and if any AO vet reads your post and realizes that their AO award (under Nehmer II) might be wrong as to the EED, they can file CUE''.

Thanks for reposting this

I am adding the past link to Rick Spataro's  email I mentioned, just in case we need it :

http://community.hadit.com/topic/42662-footnote-one/

Footnote One ,in my opinion,  was the most important part of Nehmer II.

 

......................Buck