KbvetAgent

[kbvet]

By statute the HR 6395 NDAA for Fiscal year 2021 Sec. 9109 (I)Parkinsonism (J)Bladder Cancer (K)Hypothyroidism will added to the presumptive List. My question iis if filled previously and denied. Under Nehmer Footnote one will it be automatically awarded ?.

[Berta]

NVLSP ,upon receipt of your decision -(they will need the actual VARO decision for any new AO presumptive claims) will  assess the decision to see if the retro is correct.

This was the way they handled many of us here when they added IHD,Parkinsons, and Hairy Cell B to the presumptives in 2010.

The email I used at that time was agentorange@nvlsp.org.

When they got my decision a few years later, (I filed as soon as the formal new regulations were published but my claim was lost by VA twice) ),as soon as I received it, I sent it to them and they contacted me and assessed the retro. They also needed a past rating decision I received...because I was a Footnote One claimant.

I also had to send them proof of the "should have been coded" criteria in Nehmer.

I have explained this in our AO forum- a AO disability that was never coded on a rating sheet the past that "should have been coded" to give the claimant the best possible EED.

The EED for my AO IHD death claim was 1988 up to the date of my husband's death.

 

I assume Footnote One will be applied to the new regulations, as it is the essence of Nehmer, but that is just my assumption.The new court order will be published and I or someone here will post it here.

The AO IHD retro in my case,was correct. Two other awards ( under CUE and 1151 in the same decision were granted but one award is still wrong.It has nothing to do with Nehmer and AO however.)

If they handle this differently due to the new presumptives, I will let everyone know.

Also my last AO NVLSP contact lawyer under Nehmer , now works on the VBM and if many here have legal questions with the new regulations, that I cannot answer,  I will contact NVLSP to get their advice, as I did in the past.I have been involved with Nehmer since 1991, as an advocate.

Your VSO should definitely know all about Nehmer .

Also I have not time to read the new VBM as to the new presumptives.But I don;t expect to find much there as this news came out after their publication date,I believe.

 

 

 

 

 

 

 

[Berta]

To add, I re -read your initial post-

there is nothing "automatic" under Footnote One.

It all depends on past VA decisions.

This recent BVA case reveals what I mean:

https://www.va.gov/vetapp20/files5/20030953.txt