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Q749: I got paid 100% in 1998 for COPD. I came up reasonably with another lung disease on a Nehmer claim in July 2021. Will V.A. pay me for Nehmer claim also?
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A1: COPD is currently not on the list of conceded disabilities related to exposure to AO. 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. For instance, VA recently added prostate cancer, hypothyroidism, and Parkinsonism or Parkinson's like tremors to the list of conceded disabilities related to AO exposure. Anyone that was previously denied for any of these conditions should get a Nehmer letter informing them that VA is relooking at their previously filed claims that were denied and to submit any evidence if they have it. Respiratory cancers are the only lung diseases currently on the AO list. (DS) 7/2/21
A2: If you are already rated 100% disabled, and are being paid Compensation at that level, the VA will NOT pay you more Compensation for any new disabilities. 100% is top of the chart, no extra credit. (DJ) 7/5/21