VA Training Letter, Re-Adjudication Under Nehmer

For those interested in what the VA has issued as the training guide for the re-adjudication under Nehmer, see the web page linked below.

Full Web Page at: Training Guide for the readjudication of Claims for Ischemic Heart
Disease (IHD), Parkinson‟s Disease (PD), Hairy Cell Leukemia (HCL) and other
Chronic B-cell Leukemias, and other Diseases Under Nehmer

Page 1
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
Washington, DC 20420
June 14, 2010
Director (00/21)

In Reply Refer To: 211A
All VA Regional Offices
Training Letter 10-04

SUBJ: Training Guide for the readjudication of Claims for Ischemic Heart
Disease (IHD), Parkinson‟s Disease (PD), Hairy Cell Leukemia (HCL) and other
Chronic B-cell Leukemias, and other Diseases Under Nehmer

BACKGROUND INFORMATION
On October 13th, 2009, Secretary Shinseki announced his intent to establish
presumptive service connection for IHD, PD, and HCL for Veterans who served
in the Republic of Vietnam. This decision was based on the Institute of
Medicine‟s seventh biennial update, “Veterans and Agent Orange: Committee to
Review the Health Effects in Vietnam Veterans and Exposure to Herbicides.”
Under the court order of the U.S. District Court for the Northern District of
California (the “Court”) in Nehmer v. U.S. Department of Veterans Affairs, 712 F.
Supp. 1404, 1409 (N.D. Cal. 1989), VA must readjudicate previously denied
claims for IHD, PD, or HCL filed by Nehmer class members (Vietnam Veterans
and their survivors) and provide retroactive benefits pursuant to 38 C.F.R §
3.816. This requirement involves claims filed or denied from September 25,
1985, to the effective date of VA‟s final regulation establishing a presumption of
service connection for the disease claimed. Such claims may not be finally
adjudicated until VA‟s regulation change at 38 C.F.R. § 3.309(e) is final, which
will add these three diseases to the list of diseases associated with herbicide
exposure.

ACCOUNTABILITY
Resource Centers, who are responsible for the readjudication of Nehmer claims,
must strictly comply with the instructions set forth in this letter and the attached Training Guide. It is critical that Nehmer claims be handled expeditiously and correctly. The processing of Nehmer claims requires VA to operate under court-imposed deadlines. Failure to comply with instructions could result in court-ordered sanctions against VA and/or VA officials"