Jump to content

Announcements



  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Ads

  • Fund HadIt.com Veteran to Veteran LLC

    fundraising.jpegHadIt.com Veteran to Veteran Fundraiser
    Revenues are down, costs are up and I need your help. Financial gifts are always appreciated but never required. If HadIt.com has helped you and you can give back a little it is appreciated Give here https://community.hadit.com/donate/make-donation/

    Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Our picks

    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
      • 7 replies
    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
      • 0 replies
    • A favor please - just changed servers so if you have a moment...
      A favor please - just changed servers so if you have a moment go to https://www.hadit.com I'd like to see how the server handles a lot of traffic. So if you have a moment click the link and i can see how things are going on the back end.
      • 11 replies
    • It's time to ask for help from the community. If you can help with a gift it would be very appreciated.

      Fund HadIt.com Veteran to Veteran LLC


      Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 
      • 11 replies
  • Advertisemnt

  • 0
Sign in to follow this  
Berta

AO Survivors -info on Nehmer

Question

http://community.hadit.com/topic/69387-poopsy-woopsy/

This came up in the above thread and although the info on Nehmer is a signifiant amount here in the AO forum, this had to be clarified as it could be hard to find under a search.

Nehmer class action members who are the survivors of a AO veteran, under the 2010 Nehmer Court Order (which  service connects IHD, Hairy Cell B, and Parkinsons in all incountry Vietnam veterans, do not have to file for substitution or accrued benefits when they file their AO DIC claim.

All other surviving spouses of vets who had claims pending at death must file as substituted claimant or for accrued benefits within one year of the veteran's death. Accrued benefits are defined in detail here under a search.

I took this definition from a BVA case, which made it easier for me to find:

This is the regulation regarding Nehmer claims, which is defined as a retroactive payment, not an accrued payment::

 

“I.  Retroactive Benefits

 

The appellant contends that the Veteran's heart disease was due to Agent Orange exposure and, therefore,  retroactive benefits are warranted pursuant to the Nehmer decision. 

 

This is not a claim for accrued benefits.  The RO, on its own initiative, sent the appellant a letter in March 2011 explaining that it was going to review the matter pursuant to Nehmer v. Veterans Administration of the Gov't of the U.S., 284 F. 3d 1158 (9th Cir. 2002).  The provisions of 38 U.S.C. 5121(c) and §3.1000(c), which require survivors to file claims for accrued benefits, do not apply to payments under 38 C.F.R. § 3.816, regarding awards under the Nehmer Court Orders for disability or death caused by a condition presumptively associated with herbicide exposure.  See 38 C.F.R. § 3.816(f)(2) (2015).

 

 

1) Applicable Law

 

Retroactive benefits may be paid under Nehmer if a Nehmer class member is entitled to disability compensation for a covered herbicide disease.  See 38 C.F.R. § 3.816. 

 

Nehmer class member means: (i) a Vietnam veteran who has a covered herbicide disease; or (ii) a surviving spouse, child, or parent of a deceased Vietnam veteran who died from a covered herbicide disease.  38 C.F.R. § 3.816(b)(1).  If the class member's claim for disability compensation for the covered herbicide disease was either pending before VA on May 3, 1989, or was received by VA between that date and the effective date of the statute or regulation establishing a presumption of service connection for the covered disease, the effective date of the award will be the later of the date such claim was received by VA or the date the disability arose, except as otherwise provided in paragraph (c)(3) of this section.  38 C.F.R. § 3.816(c)(2). 

 

The covered herbicide diseases are listed in 38 C.F.R. § 3.309(e).  See 38 C.F.R. § 3.816(b)(2).  This list includes ischemic heart disease, which was added to the list of covered herbicide diseases effective from August 31, 2010.  See 38 C.F.R. § 3.309(e); 75 Fed. Reg. 53202 (Aug. 31, 2010). “

https://www.va.gov/vetapp16/files2/1609942.txt

(this BVA claim for DIC was denied but still held the exact regulation regarding Retroactive Benefits which made it far easier for survivors to attain than trying to claim accrued if over a year had passed after the veteran's death)

I recall here over the past 2 decades that we never dreamed the VA would ever compensate IHD for AO exposure.

Certainly many and probably ALL  widows with a AO IHD death claim never could have filed for accrued benefits anyhow for AO IHD because there was no regulation for AO IHD prior to August 2010.

The above claim was denied thus:

"FINDINGS OF FACT 1. The Veteran did not have service in the Republic of Vietnam and is, therefore, not a Nehmer class member. 2. The current effective date of November 1, 2008, represents the first day of the month in which the Veteran's death occurred where the appellant's claim was received within one year after the date of his death."

But it did contain a good explanation of Retro payments instead of "accrued" benefits, that Nehmer Class action members, as survivors, could expect even if an accrued claim had never been filed for AO IHD. 

And just to add....many of us Nehmer Class action survivors were also Footnote One claimants.

I have explained Footnote One here Many times since 2010 and added Rick Spataro's emails to me on it ( NVLSP Head AO lawyer) and all of that that is easily searchable here ( I hope) and was the most important and  unique aspect of Nehmer 2010.

Agent Orange is still harming and killing our nation's veterans. But only those vets or their survivors as defined in the above citation from the BVA and in the  the Nehmer Court Orders are Nehmer class action members.

 

 

 

 

 

 

Edited by Berta

Share this post


Link to post
Share on other sites

0 answers to this question

Recommended Posts

There have been no answers to this question yet

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Similar Content

    • By WomanMarine
      I have had heart troubles all my adult life.
      Up until last year I had no idea I had Ischemic heart disease. I had a CABG in August. It failed in December when I had to have 8 stents and a week later another stent AFTER a heart attack. I filed for Agent Orange connection, as that is what I believe has caused this, and this is the comment I gleaned from MHV: 
      "Per VAVBA/CO/211/AGENT ORANGE 1/9/2020:
      DoD HAS NOT identified any location on El Toro Marine Corps Air Station,California, where Agent Orange was used, tested, stored, or transported. Therefore, Compensation Service can provide no evidence to support the claim."
      El Toro was shut down by the EPA in 1990 because of contamination!
      FAMILY HISTORY: Father died at age 56, congenital coronary artery disease. (I don't believe this to be true, as he had a stroke and I 'think' that is different)
      Left Ventricle: The left ventricle was not enlarged. There are no
      wall motion abnormalities. The ejection fraction is 55%. 
      8/12/2019 ECHO
      Conclusion:
      1. Normal left ventricular systolic function. Moderate conecntric
      left ventricular hypertrophy. Ejection fraction is visually
      estimated at 60%. Mild hypokinesis of inferior wall.
      Date of interview-based METs test: 2/6/2020
      Symptoms during activity:
      The METs level checked below reflects the lowest activity level at
      which the Veteran reports any of the following symptoms attributable
       to a cardiac condition (check all symptoms that the Veteran reports
       at the indicated METs level of activity):
       [X] Dyspnea
       [X] Fatigue
       [X] Angina
       [X] Dizziness
       Results of interview-based METs test
       METs level on most recent interview-based METs test:
       [X] (1-3 METs) This METs level has been found to be consistent
       with activities such as eating, dressing, taking" ... ETC. 
      ###
      So, it appears, they are not going to SC my heart because of AO. BUT they gave me a low METS ...
      I am now 90% P&T will this add to the score since it is not SC?
       
       
    • By Foxhound6
      Berta and all. Here is what I have so far from my friend and his mother that I was speaking about the other day. From what I can tell, They do have the DD214 and DD215's. However, there DD214 itself does not show any type of locations of service as the newer ones do.It does show a previous command which I assume is the one he deployed with. I took notice of the "Foreign/Seas service" section of his 214 and noticed he has Foreign service for 11 months and 20 or so days, just long enough to be in Vietnam... However, I feel I may have to dig up records pertaining to that unit at the time in order to prove it? I am unsure on that exactly. It was also strange they had 2 DD215's, also unsure what to make of that. *edit - I remember the wife speaking about the veteran making a stop in Okinawa before Vietnam. I found a unit that fits that timeline of when the veteran would have arrive in Okinawa to link up with as a support engineer. I dont have a way to confirm, but it fits...:
      " On July 4, 1965, 2nd Battalion, 9th Marines was ordered to Vietnam. During this first year 9th Marines took part in approximately 45 battalion-sized and several company-sized operations. During the next four years 2nd Battalion, 9th Marines operated in or around Danang, Hue, Phu Bai, Dong Ha, Camp Carrol, Cam Lo, Con Thien, Than Cam Son, Quanq Tri, Cua Viet, Vandergrift Combat Base and Khe Sanh. For its actions in Vietnam 2nd Battalion, 9th Marines was awarded a third Presidential Unit Citation, a bronze star in lieu of second award of the National Defense Service Medal, the Vietnam Service Medal with two silver stars, and Vietnam Cross of Gallantry with Palm. In August 1969, 2nd Battalion, 9th Marines left Vietnam and returned to Okinawa. Its role in the Southeast Asian Conflict ended with the recapture of the Mayaquez and the landing on Koh Tang Island in May 1975 (Veteran completed his training sometime in 1969). In February 1979, 2nd Battalion, 9th Marines became the first battalion to rotate to the United States as part of the unit deployment program. " via http://www.2ndbattalion9thmarines.org/About_Us
      As far as medical is concerned, I believe I have enough to prove the VA wrong. The mother has HUNDREDS upon HUNDREDS of medical records pertaining to his disability. I couldn't copy them all but I found many pertinent ones that show the initial DX plus ongoing treatment. I am posting all of it here in hopes someone might make more sense of it along with the Rating decision. Sorry for some of the photos, the mother found more docs after I left and sent them via her phone.
       








      Matt Spina Bifida_Redacted.pdf
    • By John48
      On Appeal Remand: Sleep apnea, Vascular Disease, Sciatic Nerve Paralysis, Cerebral sinus Thrombosis and amputation of right leg, below the knee. After 4 failed bypass procedures on my LEFT leg, my vascular doctors-VA and Civilian, have told me that amputation of my remaining {LEFT} leg is imminent! It will happen once the blood flow to my leg becomes so reduced that I will no longer be able to withstand the pain and/or when my leg literally begins to die which will lead to gangrene and possibly sepsis. CLOSED and GRANTED: Anxiety disorder. {50% rating}  DENIED: Traumatic cataract,  Coronary Artery Disease, Arterial Aneurysm, Penile Deformity and DIABETES II, of all things!! And for some reason, they put on finger amputation which I NEVER claimed--I have all of my fingers!  I worked on Naha port loading and unloading ships with AGENT ORANGE and MANY other barrels that were leaking or broken open.  In addition, I visited Kadena AFB frequently. I remember the names of 2 of the ships I regularly unloaded--One was the Comet, and the other was the Trans Global. There were others that I can't recall, and I have not found any info as far as cargo with the 2  I do remember. I am hoping that other Vets that were there can send me letters to verify that's what happened everyday, and I will do the same for them!  I can not believe that the VA will not will not say that Agent Orange, and multiple other chemical barrels were on Okinawa. I SAW them. I unloaded them--I worked in clothes all day long that were soaked in these chemicals, and I truly have HAD IT!   John48      ** Here is a brief list of my medical conditions:  DIABETES MELLITUS TYPE II; 5 HEART ATTACKS--the first was in the late 80's;  SKIN CANCER--not yet claimed as I only found out from a VA dermatologist about 3 years ago; 4 STROKES--the first 2 happened in the mid-late '80's, when I was age 40-41,still active duty stateside. The last 2 happened in November 2016, one on November 1, the other one on November 16 while I was in the hospital for the stroke that happened 2 weeks earlier. These strokes have greatly damaged my short-term memory; OPEN-HEART CARDIAC BYPASS SURGERY--2008;  21+ STENTS in my heart, legs, and right arm; COUNTLESS ANGIOGRAMS AND ANGIOPLASTIES;  NEOPLASMS being removed from my face/back; PERIPHREAL NEUROPATHY-FINGERS/TOES.       *  I have left some things out, but what I listed gives everyone an idea. Like ALL of my Brothers and Sisters, I dedicated my life to serve my country. For me, it was 23 years in the Army. I do not want pity; I want JUSTICE for all of us! I have been fighting to get my benefits for 10 years, with ZERO assistance from the VA.       * In addition to all of this, my wife and I may be homeless in 2 months as a result of Hurricane Irma in 2017, and a verbal contract that was broken by our mortgage servicer. Some days we just feel like giving up.  
    • By Daughter with Chloracne
      My father served in Vietnam 1969-1975, he was exposed to Agent Orange when it was sprayed to knock the jungle down-he reported the outbreak of Chloracne to the doctors at the VA, he got it on his back-most of his back. He had my first older sister who got it on her face, back and arms. My second oldest sister only got it on her chin. My identical twin and I got it really BAD, we had it on our face, backs, necks, chests, behind our ears, sometimes in our groin too-we had to take a 9 month course of Accutane back in 1994-1995. It cleared until we had our kids, mine came back with a vengeance so bad I had to get back on Accutane (generic version) just a few years ago, on for 6 months-off for 2, back on for 6 months. I have been sickly most of my life. My bones have always hurt, but it is much worse now, began getting really bad when I was 30, I have lesions in my brain, degenerating disc disease, peripheral neuropathy, arthritis all over my body, and many other issues-my daughter was born with a premature fusion in her skull and had to have skull surgery to save her life-is there help for kids of vets or grandkids? My father was denied by the VA back in the 80s when he attempted to get help, it wasn't as bad for him as it's been for me and my twin-I'm terrified my kids are going to get this terrible skin condition, for years between the ages of 12-15 I prayed every night I would die in my sleep-the sores on our backs were EXCRUCIATING, I have pictures of then and pictures of now-no dermatologist has seen anything like it. The Accutane has given me it's own side effects, it has encouraged the extreme pain all over my body to hurt more, my joints to ache sharper, my eyes hurt so much...please please say there is help for us-if not, please tell me how to set it up so we can get help. Daddy is in his 70s now, he won't live forever, he deserves the benefits so many others deserve and have NOT gotten, I am trying to help him, and we are also paying for is exposure to this toxic chemical, I cannot believe how forgotten our veterans are about this, I have suffered over 25 years because of that extreme acne...any tips or advice would be much appreciated. I pray this isn't a repeat, but if it is, I do apologize. Thank you for letting me be part of your community, I think what you're doing to help each other is so very awesome. God Bless.
    • By jamescripps2
      This WRDW News Investigates broadcast was aired on the 6:00 & 10:00 news in Augusta Ga. on 9/25/2019. This is the first of a series,  more will follow.
      This link will work, click on the link, when page not found comes up, look five stories down on the right side of the screen and click on
      I TEAM INVESTIGATES OFF SPRINGS. If you have trouble, see my next post in this thread.
      https://www.wrdw.com/content/news/I-TEAM-Could-the-children-of-those-exposed-to-Agent-Orange-at-Fort-Gordon-als
  • Ads

  • Our picks

    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
      • 7 replies
    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
      • 0 replies
    • A favor please - just changed servers so if you have a moment...
      A favor please - just changed servers so if you have a moment go to https://www.hadit.com I'd like to see how the server handles a lot of traffic. So if you have a moment click the link and i can see how things are going on the back end.
      • 11 replies
    • It's time to ask for help from the community. If you can help with a gift it would be very appreciated.

      Fund HadIt.com Veteran to Veteran LLC


      Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 
      • 11 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines