What is a “Nehmer Claim”? Who is eligible?
This article details the origin of a Nehmer Claim. Also it provides information on who is eligible. “Nehmer” refers to the series of rulings resulting from a 1987 class-action lawsuit. Beverly Nehmer, the Vietnam Veterans of America and nine Vietnam veterans or widows, filed a federal class action suit against the VA for failure to comply with the law. Thus, Nehmer v. U.S. Department of Veterans Affairs was brought by the the National Veterans Legal Services Program (NVLSP) attorneys in 1986 to challenge the VA regulation on Dioxin or Agent Orange. Also at that time, scientific evidence showed that only chloracne disease was associated with exposure to herbicides like Agent Orange. Which were extensively used by the United States in Vietnam.
What The Bill Says
Nehmer v. United States Department of Veterans Affairs, No. CV-86-6160 TEH (N.D. Cal.) resulted in the following revised and updated ruling:
(1) Nehmer class member means:
(i) A Vietnam veteran who has a covered herbicide disease;
(ii) Or a surviving spouse, child, or parent of a deceased Vietnam veteran who died from a covered herbicide disease.
(2) Covered herbicide disease means a disease for which the Secretary of Veterans Affairs has established a presumption of service connection before October 1, 2002 pursuant to the Agent Orange Act of 1991, Public Law 102-4, other than chloracne. Those diseases are:
(i) Type 2 Diabetes (Also known as type II diabetes mellitus or adult-onset diabetes).
(ii) Hodgkin’s disease.
(iii) Multiple myeloma.
(iv) Non-Hodgkin’s lymphoma.
(v) Acute and Subacute peripheral neuropathy.
(vi) Porphyria cutanea tarda.
(vii) Prostate cancer.
(viii) Respiratory cancers (cancer of the lung, bronchus, larynx, or trachea).
(ix) Soft-tissue sarcoma
Are you a Vietnam Veteran or surviving family member with legal questions about denied Agent Orange Nehmer Claims? Cameron Firm PC has certified Veteran Appeals Lawyers on staff who will fight with you to secure the benefits you deserve. We understand the sacrifices you have made. Call us at 800-861-7262 for a consultation. Because we are here to help you win the benefits you deserve.
This article is for educational and marketing purposes only. Consequently, it does not create an attorney-client relationship.