In 1991, a class-action lawsuit on behalf of Vietnam War veterans (known as the Nehmer Court Order) established protocols and retroactive benefits for disability compensation claims arising from exposure to Agent Orange. The Nehmer case provides presumptive benefits for medical conditions known to be caused by Agent Orange so long as a service connection is established. The VA is required to review claims previously denied for Agent Orange diseases and make payments retroactive to the original claim date.
The Nehmer case was brought back to court several times by the National Veterans Legal Services Program (NVLSP), as the VA was continually caught misadjudicating these Agent Orange claims. In 2005, it was declared that the 1991 Order applies to claims for any disease possibly connected to Agent Orange exposure.
Although the Nehmer Court Orders are favorable to Vietnam veterans and their survivors, VA disability rules are complex and these claims are not automatic. The Berry Law Firm advocates aggressively and tirelessly for military veterans who served in Vietnam and family members of deceased vets who could be entitled to survivor claims.
We can determine if your condition qualifies for retroactive benefits under the Nehmer rules. Call us at (888) 883-2483 or contact us online. We handle VA disability claims and appeals throughout the United States.
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