Nehmer case ???

[augoldminer]

i have been filing for exposure to dioxin (not agent orange) for about 9 nine years because i never set foot in a listed ares. i was exposed to dioxin during a ship board fire.

pcdd dioxin is a break-down product of pcbs heated to 500 to 900 degrees and was always denied.

 under the Pact Act I am now covered for agent orange exposure because i was feet on the ground at both johnson atoll and Guam.

Because i filed before as for exposure to PCDD dioxin as a shipboard fire by product can i now claim this as a Nehmer case now i can prove exposure to agent orange.

Or because i claimed exposure to a differant type dioxin with a differant cause does this negate Nehmer.

Edited June 29, 2023 by augoldminer

[Dustoff1970]

Under the new added presumptives for the recent PACT ACT I have been told by supposedly knowledgeable others that the PACT law was written to exclude new AO claims from being subject to the Nehmer decision even if you filed the AO claim much earlier.   In other words no retroactive EED to date of Nehmer decision.

Others hopefully will correct me if I am wrong. I cannot remember if other Dioxin chemicals have been added in recent years.  A good search will yield many discussion links on your same question.  A knowledgeable VSO at a VARO office may be of assist to you about this.  Their service is free of charge.

You can also insert the name of the other dioxins in the BVA website search engine and see of their appeal decisions have made a ruling on the appeals asserting service connection due to the other dioxins or dioxin.

My comment is not legal advice as I am not a lawyer, paralegal or vso.

Edited June 29, 2023 by Dustoff1970

[broncovet]

NVLSP is the Nehmer experts.  They have 5 full time attorneys who's job it is to make sure Nehmer Vets get their fair compensation.  https://www.nvlsp.org/what-we-do/class-actions/nehmer-agent-orange-lawsuit

However, there is one instance that NVLSP cant help you:

Quote

You dont contact them, and then Vets often die before pursuing their rightful benefits.  

  There is no cost to you to call them to ask this very important question to the rest of your life (financially).  As always, there are nuances that "mortal men" are not privy to, so I can not emphasize the importance of calling the Nehmer experts.  NVLSP is a non profit legal plan for deserving Vets.  

I have not seen your file, and I never suggest not pursuing your valid claim, "at a minimum" until you have consulted a competent attorney and have been advised against it.  

I dont know when you first applied, but, Im guessing it was years ago, so the retro potential "could easily" mean 6 figures for you.  You are probably "leaving money on the table" by not contacting NVLSP.  

https://www.nvlsp.org/what-we-do/lawyers-serving-warriors

Edited June 30, 2023 by broncovet

[Dustoff1970]

excellent advice Broncovet!!!!!!!!!!