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Q734:  Nehmer claims/ copd disease. Can you claim this?

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A1:  You can technically claim anything you think is related to your military service. Nehmer claims are VA claims for compensation for presumptive conditions associated with Agent Orange exposure that were previously denied by VA under the 1984 Veterans' Dioxin and Radiation Exposure Compensation Act. Each time VA adds new presumptive disabilities (recently bladder cancer, hypothyroidism, and Parkinsonism) the VA conducts Nehmer reviews. If you had been previously denied for one of those conditions, VA relooks at your claim automatically to see if SC is warranted. COPD is not on the list of conceded disabilities related to herbicide exposure. I would recommend you file for COPD and expect to be denied. Then, later if COPD is added, you may receive an effect date back to your original claim in which you were denied.  (DS)  6/11/21

       

A2:  COPD is no covered under that lawsuit, however if you served in the Navy n exposed to asbestos you can file for that.  (GR)  6/11/21

              

A3:  Short Answer. Nehmer will only apply to illnesses associated to Agent Orange. COPD is not on the list.  (RJ)  6/11/21