The Department of Veterans Affairs recently announced they will be readjudicating previously denied claims for Veterans who served in offshore waters in the Republic of Vietnam during the Vietnam war.
The case, Nehmer v. U.S. Department of Veterans Affairs challenged a VA regulation that stated chloracne is the only disease associated with exposure to herbicides like Agent Orange. The case notes that there are more diseases caused by Agent Orange than the regulation recognized. This class action case requires the VA to identify all claims based on newly recognized diseases that were previously denied and then pay disability and death benefits to these claimants retroactively to the initial date of the claim.
The VA will now be conducting a review pursuant to the Veterans Benefits Administration’s implementation of a November 5, 2020, U.S. District Court of the Northern District of California decision to readjudicate previously denied claims as applied to the Nehmer case. Blue Water veterans and eligible survivors can contact the VA for more information. They can learn more about Agent Orange exposure by visiting the VA’s website: https://www.va.gov/disability/eligibility/hazardous-materials-exposure/agent-orange/
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