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]

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.

 

 

 

 

 

[MEM]

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!

[Berta]

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.

 

[MEM]

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.

[Berta]

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   

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