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What are the “Nehmer Laws” in the VA?

Heather

Over the past several months, there has been a lot of talk about Nehmer Laws, but a lot of Veterans are not aware of what they are, or how it pertains to the VA disability process.

The term Nehmer refers to a court case which started in 1986 as a class action lawsuit against the Department of Veteran affairs. This case was started by Vietnam Veterans and theirs survivors due to Agent Orange (AO) exposure while serving in Vietnam. On October 13, 2009 secretary Schineski’s decision established presumptive service connection (SC) for 3 additional illnesses: B cell leukemia (such as hairy cell leukemia), Parkinson’s disease, and ischemic heart disease. This case is still ongoing.

The following illnesses are considered to be related to Agent Orange exposure while serving in Vietnam and fall under the Nehmer case:

 

                       Condition                                                            Became effective

·         Type II Diabetes                                                                   5-08-2001

·         Ischemic Heart Disease                                                        8-31-2010

·         Parkinson’s disease                                                              8-31-2010

·         B-cell Leukemia                                                                     8-31-2010

 

****There are other presumptive illnesses due to AO

Exposure that do not fall under the Nehmer Guidelines at this time****

 

After applying for an illness listed under the Nehmer case, it could be some time before your claim is decided due to the volume of cases. In an attempt to speed the process for Nehmer cases, the Huntington VARO reviewed only Nehmer cases from other states for approximately four months. In addition to the backlog of Nehmer cases, this caused a backlog in other cases.  

The VA Disability Process can be quite long and difficult. If you have a claim pending, don't heistate to give our office a call. Or, if you are a Veteran who has questions about applying for disabilities related to Agent Orange exposure, we will be more than happy to assist you with your claim. You can reach our office at 1-877-526-3457

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