If you are a Veteran who served in the Republic of Vietnam and you previously applied between September 25, 1985-August 31, 2010 for, and were denied benefits based on your claim of service connected compensation for ISCHEMIC HEART DISEASE, CHRNOIC B-CELL LEUKEMIA, or PARKINSON'S DISEASE, you may be eligible for benefits to paid retroactively to the date or your original claim! CLICK HERE FOR A COMPLETE LIST OF ALL ILLNESSES AND DESCRIPTION OF RELATED ORANGE ILLNESSES If you filed a claim with the VA and was denied benefits between September 25, 1985 - August 31, 2010 related to agent orange CALL US AT OUR TOLL FREE NUMBER NATION WIDE AT (866) 410-3126 AND WE CAN HELP YOU TODAY
In 1986, a class of Vietnam Veterans and their survivors brought a lawsuit against the Department of Veterans Affairs, claiming that the VA had improperly denied their claims for service-connected compensation for disabilities that they believed were caused by their exposure to Agent Orange during the Vietnam conflict. In 1989, the United States District Court for the Northern District of California ruled in favor of the veterans, and in 1991, a Final Stipulation and Order was entered outlining the VA's responsibility to the class of eligible veterans.
1) The VA would issue new regulations in accordance with the Agent Orange Act of 1991
2) After the issuance of the new regulations, the VA would be required to readjudicate the claims where a prior denial was voided by the Court's 1989 order and would initially adjudicate all similar claims filed subsequent to the Court's order
3) If benefits were awarded upon such readjudication or adjudication, the effective date of the award would be the later of the date the claim was filed or the date the disablity arose.
The court then provided clarification in 2000 that the VA must also pay the full retroactive benefit to the estates of deceased class members.
38 C.F.R. § 3.816(b)(1) defines the class members as:
i. Vietnam Veteran who has a covered herbicide disease
ii. Surviving spouse, child, or parent of a deceased Vietnam Veteran who died from a covered herbicide disease.
38 C.F.R. § 3.816(f)(1) states that if a Nehmer class member entitled to retroactive benefits…dies prior to receiving payment of any such benefits, VA shall pay such unpaid retroactive benefits to the first individual or entity listed below that is in existence at the time of payments:
i. The class member's spouse, regardless of current marital status
a. A spouse is the person who was legally married to the class member at the time of the class member's death.
ii. The class member's child(ren), regardless of age or marital status
a. If more than one child exists, payment of the retroactive benefits owed shall be divided into equal shares, and accompanied by an explanation of the dividsion; this includes all children, regardless of age or marital status
iii. The class member's parent(s), regardless of dependency
a. If both parents are alive, half of the retroactive benefits owed shall be paid to each parent, and accompanied by an explanation of the division.
iv. The class member's estate.
If you think that you or a loved one is a potential Nehmer class member, you or the loved one may be eligible for thousands of dollars in retroactive benefits. We can help you navigate the process of obtaining the benefits that you are owed. Please contact our office immediately at our toll free number (866) 410-3126 to find out if you are a Nehmer class member and how we can help you apply for the benefits that you are owed from your service for this country.
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