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

[MEM]

Berta, you are a wealth of information and I'm so thankful you are taking your time to help with this.  

Our VSO discouraged us from filing an NOD because she believed the request for reconsideration would be a quicker route.  She stated an NOD takes longer??

[MEM]

Mom received this letter regarding her reconsideration request.  We have since sent all of her marital information (again). I called "peggy" to make sure they received this information, at first the lady told me no, but I asked her to look in all the "areas" correspondence could be and she finally said, oh, yes its here.  I don't understand!  

 

 

 

 

Edited November 8, 2018 by MEM
sensitive information was included inadvertently

[MEM]

I'm having trouble uploading the VA letter regarding mom's request for reconsideration. It is dated 10/30/18 and says:

"We are working on your claim for:

• Dependency and Indemnity Compensation
• Accrued
• Survivors Pension

We received your request for reconsideration on October 24, 2018.  In order to reconsider your claim, we need additional evidence from you." 

The letter goes on to say the VA needs my mom's marital records and included a 21-686c, which she filled out and returned along with copies of all marital licenses, and divorce decree, and death certificate.

Also says "We strongly encourage you to send any information or evidence as soon as you can.  If we do not hear from you, we may make a decision on your claim after 30 days. "We submitted that information on 10/29 via fax.  It was received at VA warehouse on 10/29, and logged in the system on 11/05.

The email address I used to contact NVLSP last week is "agentorange@nvlsp.org".  If NVLSP is still answering that mailbox, how long do you think it will take them to contact me?

 

[Berta]

The evidence mentioned Divorce decree- I assume either your mom or dad had been divorced from someone else before they married each other and were married at least one year to each other before he died.

That is not unusual at all but VA had to determine your mom to be his valid surviving spouse.

I think maybe things are where they should be at this point.

I believe the VA will use the date of the ITF claim  as the EED. (earliest effective date for retro)but that date can be appealed.I am not sure how to appeal it -at this moment but meantime I suggest that you get a copy of the entire C file, unless you do have copies of what is it in already because there would not be too much in it.

I ask again for anyone here to read the M21-1MR link-as to the change date in 2015 to tell me if their take on it is what my take is-

My biggest concern now is why I have read at least 2 Vietnan vets cases, who died from lung cancer or had lung cancer and were alive to claim it - but  the VA did not award their claim.

[MEM]

3 minutes ago, Berta said:

"The evidence mentioned Divorce decree- I assume either your mom or dad had been divorced from someone else before they married each other and were married at least one year to each other before he died."

Yes, my mom was married and divorced before and after my parents were married.  They were married 27 years, and married when my dad died.  She was his only wife.

"I think maybe things are where they should be at this point."

Ok, so you do not think we need to try and get the 3 claims "connected" at this point? Are the first two claims null and void?  

"I believe the VA will use the date of the ITF claim  as the EED. (earliest effective date for retro)but that date can be appealed.I am not sure how to appeal it -at this moment but meantime I suggest that you get a copy of the entire C file, unless you do have copies of what is it in already because there would not be too much in it."

Mom requested his C-file a couple of weeks ago.  Do you know how long it would take to get it?  The VARO told me there is only 77 pages in it, and only the ones referenced here already pertain to his cancer/DIC claims. I already have copies of those.

"My biggest concern now is why I have read at least 2 Vietnan vets cases, who died from lung cancer or had lung cancer and were alive to claim it - but  the VA did not award their claim."

 It's a tragedy Berta.  Unfortunately, I'm sure there are countless others out there.  Your work here is helping to bring that number down! 

 

[MEM]

Oh, Berta, Forgive me, I  typed that reply wrong.  New to this!  I meant to put my answers under your questions like you've done on other posts I've read, but somehow I ended up changing your entry by quoting you inside of your original reply.  I'm sorry.