Nehmer claim? Agent Orange Related Lung Cancer

[MEM]

Hi,

 My career army dad served in Vietnam.  He died after retirement at 48 of lung cancer.  

Does a deferred 21-534 claim from 1989 constitute a nehmer claim?  The information I've read on the internet seems to say claims that were denied are Nehmer, but I haven't seen much information about claims that were marked "deferred" and never adjudicated.  The claim includes AO presumptive illness.

Thank you all for your help and wealth of information that you share on this forum.  I've been reading it for a while and you have helped me so much!

 

Edited November 7, 2018 by MEM

[Berta]

PS one question- career Army----

Does your mom receive SBP ( this is an annuity payment that retirees get deducted from their retirement pay if they make that election.

Survivors Benefit payment. It is offset from any DIC a survivor could get.

But even so a DIC award might be a greater amount than the SBP- if she gets that monthly.

[Berta]

Yesterday evening or early this AM the VA changed their Home page-

I dont see a Contact us button on it- 

IRIS can now be reached here: 

https://benefits.va.gov/benefits/

(I hope)

[Buck52]

Ms Berta,yes his/ her mother filed the 21-524

''quote from MEM

''1989 my mom filed a 21-534 shortly after my father's death. (Stamped "received" by VA with a date)''

''1989, Form 21-6789: Claim "DEFERRED" due to "Other".  Under "explanation for items checked" is handwritten "AGENT ORANGE EXP. claimed. Control for receipt of instructions".

[Buck52]

looks like this claim was lost due to the 6 month wait for new  reconsider regulations pertaining the doxin  (A.0.)exposure order from U.S.District Court? back in 1989

MEM Quoted

''1989, Letter from VA: "VA could not take immediate action on your claim for benefits based on doxin (Agent Orange) exposure because a U.S. District Court has directed that the Department of Veterans Affairs reconsider its regulations pertaining to dioxin exposure.  As soon as the process is completed (approximately 6 months) we will consider your claim and inform you of our decision.  We are sorry for this delay and will proceed as quickly as possible.”

Reopen this claim  and it should get the EED  back to 1989

Ms Berta will need to help you on this ,she is the DIC Expert here and also the Nehmer Rule For Vietnam Veterans.

Good Luck

[Berta]

I dont see this as a Re open Buck- because it seems to be still be an  open and unadjudicated claim.

But we need more info- 

I dont see it as a Footnote One  claim- but then again it could be.....

MANY of us were Footnote One Nehmer claimants who got a very favorable EED.

not enugh inf here to know

I was stunned to read this post but then again, I bet there are MANY survivors out there who never filed for AO DIC, or of they did, the VA did not properly follow up with their claims.Even some vets might still know nothing about Nehmer, and might have basis for a Nehmer AO claim.

Every vet who has a spouse they love , should make sure they understand not only the veterans SC issues but also can use a PC and get here ,if they ever need to file for DIC.

We have had  some  widows here fairly recently who do not  seem to have a good idea on how DIC can be attained and what steps they must take to obtain the evidence they need.

My questions to widows here often go unanswered, yet they are the same questions any VSO, Rep or lawyer would ask them- because the answers are probative  to the DIC claim.and they fail to read the DIC regulations carefully.

And often a DIC claim is presented as a 1151 Issue.

But just as many direct SC death claims need, an 1151 DIC claim needs a lot of Medical evidence, and that requires a very strong  IMO.

If you are a vet with Life insurance ( from VA or elsewhere) explain to the spouse that he/she might well need a good chunk of those proceeds to obtain an IMO, for any  eventual DIC benefits.

 

 

 

 

Edited November 8, 2018 by Berta

[Buck52]

 

 

yes, I understand

'I dont see this as a Re open Buck- because it seems to be still be an  open and unadjudicated claim.'

but this was what 38-39 years ago?

what about the NOD Limits  do they lift that if this is a FootNote One Nehmer?

,but if it was deferred where is this claim at? THEY MUST FORGOT ABOUT IT AND ITS SITTING UNDER A STACK OF paper C-FILES...But was they suppose to shred all paper C-files back When they went digital? couple years ago??after copying the C-FILE?

here is a case I was reading about that  the VA Reopen a claim for a PTSD  Vet. years later .but he failed to send in his NOD on time  but years years later wanted to reopen his claim.

Interested in what the VA Decided. he was denied the EED.

https://caselaw.findlaw.com/us-federal-circuit/1538362.html

Your correct Ms berta we need more information about this claim...not sure if they can say her  MOM WAS COMPENSATED for the lonely 150.00 bucks they sent to help cover funeral cost...that to me is a slap in the face  but they may come back and say her hubby was compensated ? who knows what the VA Will do?   grrrrr

if they have documents about filing the 21-534 then that is concrete evidence but then again what about the NOD Limits after filing the 21-534...it seems this claim was put on the back burner and forgotten about and was lost.

I honestly believe they can win this back to the 1989 date when the 21-534 was first filed..1989 date

but I am not 100%   so to the original Poster MEM

PLEASE LISTEN TO Ms Berta she will steer you guys in the right direction.

 

Edited November 8, 2018 by Buck52