Jump to content
  • 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
     
  • Donation Box

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

  • 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

Sponsored Ads

  • Searches Community Forums, Blog and more

  • 0
MEM

Nehmer claim? Agent Orange Related Lung Cancer

Question

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 by MEM

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

That is a Good find Buck!

At this point- I suggest to read over this M21-1MR excerpt carefully-MEM-

because a lot will depend on the evidence they request and get.

http://www.benefits.va.gov/WARMS/docs/admin21/m21_1/mr/part3/subptii/ch02/M21-1MRIII_ii_2_SecG.docx

I assume they do have the Death Certificate -but they sure  might ask for it again-

The above link could impact on any VA claimant.

A few years ago a Vet rep from the DAV argued with me over the reconsideration regulations,post 2015 M21 change above and advised some of his claimants to file a Recon request instead of a NOD.He said there was no need for a timely NOD at all.

I filed one reconsideration request , but managed to file the NOD at the last minute ( this was years prior to the above Change of 2015)-otherwise I would have lost that claim but it was awarded,due to the NOD and evidence.

The DAV Rep finally read some of the BVA denials I posted that were reconsideration claims- denied - due to his same erroneous advice- that a timely NOD didnt matter. He left hadit then and moved to another vet web site.

I posted this new change here as soon as I got wind of it-I hope all vet reps these days know what it says.

There is no chance here as far as I can see for any Accrued benefits under Nehmer.

 

Even under Footnote One Nehmer.

Nor do I envision any claims that could be filed as secondarys.

Accrued and Footnote one is all explained in detail in the DIC and AO forums here.

The important focus now is to get the DIC awarded.Then there might be a potential for a better DIC date, due to the past DIC claims.

 

 

 

 

 

Share this post


Link to post
Share on other sites

Ad

  • 0
On 11/9/2018 at 6:28 AM, Berta said:

I assume they do have the Death Certificate -but they sure  might ask for it again-

Yes, we have sent in the Death Certificate 3 times (original claim, inquiry on old claims, and evidence of marital records). 

On 11/9/2018 at 6:28 AM, Berta said:

I filed one reconsideration request , but managed to file the NOD at the last minute ( this was years prior to the above Change of 2015)-otherwise I would have lost that claim but it was awarded,due to the NOD and evidence.

Berta, is it your opinion that my mom needs to file a NOD or is the request for reconsideration that has already been filed enough?  I'm confused about this.

On 11/9/2018 at 6:28 AM, Berta said:

There is no chance here as far as I can see for any Accrued benefits under Nehmer.

Is this because my dad didn't file before for service connection before he died?  Just trying to understand Nehmer better.

Thank you again for your time and responses!

Share this post


Link to post
Share on other sites
  • 0

The NOD question I presented this issue to  former Secretary Shulkin- and the fairly new Change below  seems to be exactly what I asked for.

However, I have asked if others here will be willing to read the M21-1MR change in the link-

http://www.benefits.va.gov/WARMS/docs/admin21/m21_1/mr/part3/subptii/ch02/M21-1MRIII_ii_2_SecG.docx

because maybe I am reading it wrong.

There is no chance here as far as I can see for any Accrued benefits under Nehmer.

"Is this because my dad didn't file before for service connection before he died?  Just trying to understand Nehmer better."

Yes, accrued benefits only derive from a claim pending in the veteran's lifetime.

 

Share this post


Link to post
Share on other sites
  • 0
8 minutes ago, Berta said:

Yes, accrued benefits only derive from a claim pending in the veteran's lifetime.

Thank you for clearing this up for me, and all of the other helpful information you and Buck have offered me.  It is much appreciated.

Share this post


Link to post
Share on other sites
  • 0

MEM -I asked others to opine on the NOD change regulations to Reconsideration Requests.

I do feel it is exactly what I had asked the VA to do,years ago- but when VA does something good, I begin to doubt what their new regulations say   :blush:🌧️

I went to a few vet lawyer sites but saw nothing yet regarding this 2015 change in M21-1MR.

 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Popular Contributors

  • Ads

  • Ad

  • Latest News
  • Our picks

    • Military Service Records - Military personnel records can include DD 214s/Separation Documents, service personnel records found within the Official Military Personnel File (OMPF), and medical Records. Military personnel records can be used for proving military service or as a valuable tool in genealogical research.
      • 0 replies
    • So I've been in a basic power chair (Q6 Edge) since 2015. Late 2016 was also fitted for a TiLite TRA manual (also keeping powerchair). 2017 was approved by Tampa VA for clothing allowance for lower. 

       

      Moved to Battle Creek VA late 2017. Since then was issued new basic powerchair (Quickie P222-SE) to replace broken Q6. Still use TiLite also now can lightly ambulate with Forearm crutches.

      Use crutches 50%, and both chairs 25% each.

      Was approved for 1 clothing allowance this year for forearms crutches for upper.

       

      Was denied 2nd for chair/lower that was awarded last year because Chief Prosthetic states "powerchair takes precedence, you were issued that so you are to use only the powerchair".

      Also powerchair has gap between seat and leg mounts where clothes do get caught and tear. Clinician was I'll put it back in but"power chairs dont get clothing allowances", and "any review or appeal will only come back to me"

      I was approved for powerchair/custom manual combo clothing allowance last year; How do I word an appeal for the lower clothing allowance this year?

      My local DAV rep at the VA has no clue on how to handle this.

       
      • 6 replies
    • Thank you.  I’m not exactly sure of how I will file it.  If it is secondary to TBI, would it be pyramiding?
    • I understand what you are saying. Does it sometimes take awhile to update the VA letters and disabilities info online after it closes.....in my case on a Saturday ? Some on other posts on here says no and some say yes so I'm just curious about the inconsistency regarding that if it is yes and no.
    • I understand what you are saying. Does it sometimes take awhile to update the VA letters and disabilities info online after it closes.....in my case on a Saturday ? Some on other posts on here says no and some say yes so I'm just curious about the inconsistency regarding that if it is yes and no.
×

Important Information

{terms] and Guidelines