nehmer

[380]

If the the va has trated you for a agent orange presumptive can that be considered a claim?

[Berta]

No .   If you do have an AO presumptive, and proof of AO exposure, you should file a formal claim.

If the claim succeeds the EED should consider the criteria of  Nehmer -Footnote One.

Meaning if the same presumptive was rated at least at 10 % and listed as NSC ( not service connected) on a past VA decision, the date of that decision should become the EED for retro. 

Lots of info here on Nehmer Footnote One under  search.

This article helps explain who is a Nehmer Class Action Veteran or Nehmer Class Action Survivor:

https://cck-law.com/glossary/nehmer-class-definition/#:~:text=The Nehmer class includes veterans,the inland waterways of Vietnam.

 

[blahsaysme2u]

Shame this is limited to AO  and not all claims that new laws and science show SC for vets previously denied .... limiting to just this condition is really ridiculous...im happy they did it for it Vietnam vets but it should have included any condition later identified as SC bc of VA reg changes..imho

Edited January 31, 2022 by blahsaysme2u

[Vync]

@blahsaysme2uI agree. Although the Nehmer footnote one allows a window for earlier effective dates, it only does so for veterans who actually had claims in the system which met the criteria at the time. Back then, many vets had no idea they could even file claims despite being diagnosed and receiving treatment for AO-related presumptive issues. Really wish the lawmakers would change the earlier effective date laws so that proof of diagnosis, symptoms, and/or treatment would qualify for an EED regardless of when the veteran filed. It seems confrontational for a vet to be sick and not get compensated.

[blahsaysme2u]

5 hours ago, Vync said:

@blahsaysme2uI agree. Although the Nehmer footnote one allows a window for earlier effective dates, it only does so for veterans who actually had claims in the system which met the criteria at the time. Back then, many vets had no idea they could even file claims despite being diagnosed and receiving treatment for AO-related presumptive issues. Really wish the lawmakers would change the earlier effective date laws so that proof of diagnosis, symptoms, and/or treatment would qualify for an EED regardless of when the veteran filed. It seems confrontational for a vet to be sick and not get compensated.

or at least change for those vets that had previously denied claims like Nehmer. the new burn pits regulations are prime example. i have posted about this in another thread on burn pits. there is a law coming, but we need to make our voices heard on this. its called the PACT act. i have been trying to get someone to review the language in the bill to help me better understand, but it seems to support(from my understanding) a reconsideration and EED for denied claims. i have been trying to get input on that post from you all stars but so far only @Berta and @ArNG11 have commented, and not on the new law verbiage itself and EED.