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What is Nehmer Law?

January 20, 2019

The Nehmer Law was created for Vietnam Veterans who were exposed to specific herbicides. If you are a spouse, child, or parent of a Vietnam Veteran you are also eligible to receive benefits if your family member has passed away from exposure.

How did this law come around?

In 1989, Beverly Nehmer and the US Veterans Administration had a class action lawsuit because of Agent Orange being exposed to Veterans in Vietnam. This case resulted in the VA being forced to acknowledge that the herbicide exposure has led to cancer, as well as other diseases. The law then required the VA to accept any service connected, Agent Orange disease until 2015.

Do I qualify?

Are you a Vietnam veteran?

Were you exposed to Agent Orange in the Republic of Vietnam, or on its inland waterways, between January 9, 1962, and May 7, 1975?

Are you suffering from any of the following conditions?

  • Soft-tissue Sarcoma  —  October 15, 1991
  • Hodgkin’s disease  —  February 3, 1994
  • Non-Hodgkin’s lymphoma  —  May 19, 1993
  • Porphyria cutanea tarda  —  February 3, 1994
  • Lung cancer  —  June 9, 1994
  • Bronchus cancer  —  June 9, 1994
  • Larynx cancer  —  June 9, 1994
  • Trachea cancer  —  June 9, 1994
  • Multiple myeloma  —  June 9, 1994
  • Acute and Subacute peripheral neuropathy  —  November 7, 1996
  • Prostate cancer  —  November 7, 1996
  • Type 2 Diabetes  —  May 8, 2001
  • Chronic lymphocytic leukemia (CLL)  —  October 16, 2003
  • AL Amyloidosis (ALA)  —  May 7, 2009
  • Ischemic heart disease  —  August 31, 2010
  • Parkinson’s disease  —  August 31, 2010
  • B-cell leukemia  —  August 31, 2010

Nehmer laws are specific laws that pertain to Vietnam veterans and the agent orange chemical they were exposed to.  In the short Verizon, these laws were needed to protect Vietnam Veterans and ensure they got fair and adequate treatment from the VA

The Nehmer laws began as a lawsuit filed for Beverly Nehmer vs the US Department of Veterans Affairs in 1986.  The national veterans legal services program (NVLSP) were the successful team that got many types of cancers and other diseases related to agent orange exposure into the books.  Up to this point only chloracne, a skin condition was the only disease linked to exposure to herbicides like Agent Orange.

What does this mean for Veterans exposed to Agent Orange?

Anytime the VA adds a new disease to their list of presumptive conditions, they must also backpay disability and death benefits to these veterans or their survivors, retroactive to the date VA received the original claim.

Are you or anyone you know and love dealing a disease or cancer that could be linked back to Agent Orange exposure?  Or were you denied a claim in the past that had to do with exposure to Agent Orange? Maybe you have a service-connected disability from years ago that had to do with the exposure to agent orange.  

If so please reach out to one of our highly trained Veteran Coach and let us help you fight to get the compensation benefits you deserve!

About the author VACI

VA Claims insider is an education-based coaching/consulting company. We’re here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. We also connect veterans with independent medical professionals in our referral network for medical examinations, disability evaluations, and credible Independent Medical Opinions & Nexus Statements (Medical Nexus Letters) for a wide range of disability conditions.

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