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For Berta - Fyi - I Got This From Another Site
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carlie
I don't know anything about this just passing it on as I know you keep up with anything dealing with Nehmer.
carlie
From another website:
Philly is in charge of reviewing all CLL claims for earlier effective date under the Nehmer stipulation. The RO's received guidance in mid-September that they would be receiving lists from D.C. of all the claims that would need to be sent there.
CLL is not currently listed in VA's regulation governing Nehmer claims (38 CFR 3.816). This is because it was not added to the list of presumptive disabilities until after the expiration of the Agent Orange Act. VA is in the process of appealing the U.S. District Court of Northern California's Clarification Order that expanded Nehmer to include CLL.
At the present time, the court's order in Nehmer supercedes the regulations exclusion of CLL. Therefore, the Nehmer regulation will apply to CLL claims for eligible claimants until further notice.
It has been deemed absolutely critical that all RO's forward the specified folders requested by D.C. to the Philly RO for expeditious and correct processing. VA is operating under strict deadlines and failure to comply with the Nehmer criteria could result in court-ordered sanctions.
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