Blue Water Navy - Nehmer (new)

[Scottish_Knight]

New information for (Vietnam) Navy vets.  Thought worthy of passing along.

 

Blue Water Navy - Nehmer 

The Department of Veterans Affairs (VA) announced it will readjudicate claims for Veterans who served in the offshore waters of the Republic of Vietnam during the Vietnam War.

This review is part of the Veterans Benefits Administration’s implementation of the November 5, 2020, U.S. District Court of the Northern District of California decision to readjudicate previously denied claims as applied in Nehmer vs. U.S. Department of Veterans Affairs.

Veterans who were previously denied service connection for an herbicide related presumptive condition due to lack of in-country Vietnam service will automatically have their claims readjudicated.

Readjudication means VA will review the evidence of record and provide replacement decisions in the cases of Veterans who were previously denied service connection for one or more herbicide related conditions on the basis that military service was not performed on the landmass of the Republic of Vietnam or on its inland waterways. This review will also apply to eligible survivors of deceased Vietnam era Veterans.VA is dedicated to ensuring all Veterans receive the benefits they have earned.

VA ensures that we have the proper resources in place to meet the needs of the Veteran community. Eligible survivors of deceased Veterans may also benefit from the policy and may be eligible for benefits based on the Veterans’ service.

Veterans who have a condition caused by herbicide exposure during military service can learn more about Agent Orange exposure at this website.

 

[GBArmy]

No John999, it is not (yet.) If you have the evidence from a doctor that links it you A.O, and refer to the National Academy of Science last study that says it is a cause, you should have a good shot. Research BVA decisions. You do need that IMO though. It was recommended to be added by N.A.S. several years ago, but was set aside (because of the cost impact to the VA), so the Congress just made the 3 others new diseases presumptive. Note that the VA has yet to release the method to submit those 3 new ones, bladder cancer, Hypothyroidism, and Parkinson-like disease, even after being directed by Congress to quit stalling and do their job.  Good ole VA.  If/when you do submit, make sure you tie in any previous denials because of the Niemer effect.

[john999]

I read latest VFW magazine and they were saying there was a bill to make HBP presumptive. Since I won't make any more more money from HBP claim I may just file and take the denial.  Then if HBP become presumptive file again and include Niemer.  I think getting an IMO that says AO is cause of HBP might be hard or expensive.  I am going to think about it.

[Berta]

Sgt. Riker-I have worked with PTSD vets since 1983 and married one.

So I am completely confounded by what the VFW told you.

PTSD does not fall under the BWN presumptves, BUT you can certainly file a claim for it.

Your EED will be the date of the claim.

We have info here in defining a stressor and we also have info here on the 2010 PTSD regulations.

As soon as the BVA finishes their maintainence today- I will find a few cases of Navy Vets on the USS Juneau who have PTSD ratings.

I found two but then BVA site went down-

Here is your ship's crew list:

https://www.navysite.de/crewlist/commandlist.php?commandid=238

It pays to find Buddy's sometimes in your unit as many PTSD vets need proof of their stressors.

Maybe the VFW's point was that the favorable retro benefits of Nehmer would not apply.

Still you should file the claim! 

PTSD has nothing to do with being in the 12 mile limit.

 

 

 

 

 

 

 

 

[Berta]

Here is one:

USS Juneau veteran

"ORDER

Service connection for PTSD is granted."

https://www.va.gov/vetapp13/files3/1318241.txt

Also here is the roster for 1972:

https://www.navysite.de/crewlist/commandlist.php?&commandid=238&startyear=1970#

You need to join the site to get more info on the crew members.

 

 

Edited May 23, 2021 by Berta
added more.

[Berta]

John Richard Reeder here got his HBP SCed to AO.

There are AO HBP awards at the BVA, and othr AO HBP claims on remand.

Although AO HBP does not fall under Nehmer, if a vet has a past decision with a HBP percentage, but deemed as NSC, and they succeeded in a AO HBP ,with the NAS report, then they can call a CUE on the past denied claim and possibly get retro ( which would be the same if HBP WAS on the Presumptive list.

That is the way I see it-  It appears that VA has lost my AO HBP claim but that is SOP for how they have dealt with me for over 20 years. I can file it again. I am still eligible for accrued benefits.