Veteran Candidates for Nehmer Claims

 During the 1970’s and 1980’s, the VA denied thousands of claims for disability or death compensation that Vietnam veterans and their survivors attributed to Agent Orange exposure.  At the time, the VA claimed that Agent Orange exposure was only associated to a skin condition known as Chloracne. In 1990, after the class action lawsuit known as Nehmer v. U.S. Veterans Administration, was successfully litigated, the VA had no choice but to acknowledge that many other serious diseases and cancers were associated to Agent Orange exposure.  As a result, Vietnam veterans who had previously applied with such conditions, but were denied, are given the opportunity, to reapply for service connected benefits.  Additionally, the court set forth a timeline of effective dates for obtaining retroactive benefits, tracing back to the date of a denied claim of a covered herbicide disease, or in some cases, to the date of diagnosis.  The effective dates vary based off of the Veteran’s past claims and must be carefully examined in order to determine if retroactive benefits may be sought.
The following is a list of presumptive conditions and diseases recognized by the VA to be associated with Agent Orange:
• Chloracne (Or similar acneform disease)
• AL Amyloidosis
• Chronic B-cell Leukemias
• Chronic Lymphocytic Leukemia
• Diabetes Mellitus Type 2
• Hodgkin’s Disease
• Ischemic Heart Disease
• Multiple Myeloma
• Non-Hodgkin’s Lymphoma

• Parkinson’s Disease
• Peripheral Neuropathy, Early-Onset
• Porphyria Cutanea Tarda
• Prostate Cancer
• Respiratory Cancers: Cancer of the Trachea, Lung, Larynx and Bronchus
• Soft Tissue Sarcoma (Excluding: Osteosarcoma, Chondrosarcoma, Kaposi’s Sarcoma, or Mesothelioma)
The Vietnam veteran must have previously submitted a disability claim for a disease listed above that was denied in order to reapply under Nehmer.  Survivors of a Vietnam veteran also have the opportunity to reapply on behalf of the deceased veteran’s estate and receive benefits if the veteran had previously made a claim for one of the diseases listed above and was denied. As Nehmer claims can be complicated, it is important to remember that there are exceptions that may or may not affect a Veteran’s eligibility.  If you are a Vietnam veteran, please make sure you seek out a qualified veteran’s affairs attorney to assess your potential claim and advocate on your behalf.
For more information, please contact the McNamara Law Firm, PC at 661-287-3260, or visit www.McNamaraLawFirm.com.