I get a lot of questions from Veterans about whether or not the VA properly computed the effective date for a particular condition under Nehmer.  I am going to provide a few tools that a military veteran can use to verify that their effective date for a service connected condition was properly determined by the VA, but first will give some background on Nehmer claims.

Nehmer is a series of rulings flowing from a 1986 class-action lawsuit by Vietnam Veterans and their survivors. Nehmer v. United States Veterans’ Administration, 712 F. Supp. 1404, 1409 (N.D. Cal. 1989) (aka, “Nehmer I”); Nehmer v. United States Veterans’ Administration, No. CV-86-6160 (TEH) (N.D. Cal. May 17, 1991) (aka, the “Nehmer Stipulation”); Nehmer v. United States Veterans’ Administration, 32 F. Supp. 2d 1175, 1183 (N.D. Cal. 1999) (aka, “Nehmer II”).

The Nehmer Courts have  held that, when the VA issues a liberalizing rule that provides presumptive service connection for a new condition, the VA is required to re-adjudicate cases in which VA previously denied Veteran/Survivor’s claim for benefits related to that  new presumption.  The Nehmer rulings and stipulation apply on to liberalizing rules regarding presumptive service connection for Agent Orange and other herbicides used during the Vietnam War.

Nehmer has again become a hot topic among military Veterans due to the VA’s new liberalizing rule that expands VA disability benefits for  Vietnam Veterans who were exposed to Agent Orange.  The new rule, effective August 1, 2010, provides a legal presumption that Ischemic Heart Disease was caused by Agent Orange exposure.

In setting an effective date for compensation to a military Veteran, the VA will look to a series of rules:

1) If a Veteran filed a claim for Ischemic Heart Disease (see note below on what constitutes a “claim”) within one year of his or her discharge from the military, the Effective Date will be the day following discharge from military service.

2) If a military Veteran has filed a claim for an Ischemic Heart Disease prior to the effective date of the liberalizing rule, and the VA has denied that claim, the effective date is the later of a) the date the disability arose or b) the date the VA received the claim underlying the prior denial.

3) If the Veteran had not filed a claim for an Ischemic Heart Disease prior to the effective date of the new liberalizing rule, the VA’s general rules on effective dates apply.

4) For DIC claims, the Effective Date will be the date VA received the claim that led to the denial or, if the claim was filed within one year of the veteran’s death, the first day of the month the death occurred.

5)  If a Veteran dies after the date of the VA regulation adding the disease to the presumptive list, but before receiving retroactive benefits, unpaid retroactive benefits are paid to the claimant’s survivors or estate in the following order: a) Surviving spouse; b) Surviving children ; c) Surviving parents; d) Estate of the Claimant.

Finally, a note on what constitutes a “claim” to the VA for benefits under Nehmer.  I could rattle off a legal definition that would likely boggle the mind, but instead, I will tell you how we analyze cases to determine whether a Veteran had a claim or not.   First, a Veteran disability benefits and compensation attorney will search the military Veteran’s available medical and treatment records to find the earliest references to the condition.   Then, we look for the very next Ratings Decision in the Claims File that denies service connection for any condition.  We then argue that date is the proper effective date.

There need not be a precise diagnosis of a specific Ischemic Heart Disease – all that is needed is medical evidence of a disease that may  reasonably  be construed as the same as the covered disease.  The evidence must be in the record before the VA at the time of any prior denial, or the Veteran must be able to prove that it should have been in the record at the time of any prior denial.

Determining the proper effective date for Ischemic Heart Disease – or any Agent Orange presumptive condition – under Nehmer can get very confusing.  If you have any questions about whether the VA properly computed your Effective Date, it is best to consult with an attorney that handles disability compensation and pension benefits claims for military veterans.

No post on this website is meant to be legal advice and the posts on this website do not serve as a substitute for legal advice. Information is power, and we are providing this information to give you, the Veteran, some power. This information is not widely or easily accessible to Veterans.  The information presented on this website is a general description of law and processes; each case is different, and there may be approaches listed here that are not accurate or applicable to your case. Likewise, their may be information that is applicable to your case that is not provided on this Veterans Disability Compensation Blog.

It is very important that we note that each and every Veteran’s claim is different. Just because we were able to secure substantial past-due benefits for one Veteran does not mean or imply that we will be able to do so for you.   In some cases, we may not be able to secure you any financial compensation due to the facts of your particular case.

It is best to consult with a lawyer familiar with VA Disability claims and benefits or a Veterans Service Organization to examine your particular case.  If you would like to discuss your VA claim with a lawyer who handles VA Benefits and Disability Appeals in Texas, Arkansas, Oklahoma, and all around the nation, contact the Attig Law Firm, PLLC, for a free consultation with a VA Benefits attorney.

The Attig Law Firm, PLLC, and VA benefits attorney Chris Attig, represents military Veterans in Texas, Arkansas, Oklahoma (as well as all around the nation) in their claims for disability compensation from the Department of Veterans Affairs.

Read more about Agent Orange by clicking here.  Read more about “Brown Water” Navy Vets by clicking here.

Clicking on the following hyper-text link will open a PDF file called  Brown Water Ships_in_Vietnam-2 (January 2011).  The document lists ships that have confirmed service in the inland waterways of Vietnam; sailors on board these ships during certain time periods may be eligible for disability compensation for disabilities that are legally presumed connected to Agent Orange exposure.

If you have evidence of service on one of these ships, and have previously been denied service-connection as a  Blue Water Navy Veteran, or for any reason, then you should contact the VA Regional Office or an attorney representing U.S. Veterans and ask for a review of your claim.

A notable addition to this list is the USS Dennis J. Buckley (DD-208), which is confirmed as having seen “Brown Water” service on the Mekong River Delta Saigon River, and Ganh Rai Bay from December 19, 1966 to January 16, 1967.

The Attig Law Firm represents U.S. Veterans who have been denied benefits in their VA Disability claims for compensation due to injuries or diseases incurred during military service. The Firm currently represents peace-time and war-time veterans of all branches of the military, at all levels of the VA disability claim process (VA Regional Office, Board of Veterans’ Appeals, and the Court of Appeals for Veterans’ Claims). Contact the Attig Law Firm if you would like to discuss your claim for disability benefits before the VA.

No post on this website is meant to be legal advice and the posts on this website do not serve as a substitute for legal advice. Information is power, and we are providing this information to give you, the Veteran, some power. This information is not widely or easily accessible to Veterans. The information presented on this website is a general description of law and processes; each case is different, and there may be approaches listed here that are not accurate or applicable to your case. Likewise, their may be information that is applicable to your case that is not provided on this Veterans Disability Compensation Blog.

It is very important that we note that each and every Veteran’s claim is different. Just because we were able to secure substantial past-due benefits for one Veteran does not mean or imply that we will be able to do so for you. In some cases, we may not be able to secure you any financial compensation due to the facts of your particular case.

It is best to consult with a lawyer familiar with VA Disability claims to examine your particular claim. If you would like to discuss your VA claim with a lawyer who handles VA Benefits and Disability Appeals, contact the Attig Law Firm, PLLC, for a free consultation with a VA Disability attorney.

VA Disability attorneys at the Attig Law Firm, PLLC, represent Veterans in their VA Disability Claims not only in Texas, Arkansas, Oklahoma, New Mexico and Louisiana, but in VA Disability Claims all around the United States, Puerto Rico, and even overseas Veterans in their claims for disability compensation from the Department of Veterans Affairs.

City of Dallas traffic tickets can result in many problems for you, your driver’s license and your insurance:

1) Traffic Courts are required to report convictions to the Texas Department of Public Safety

2) Your insurance company has the ability to research your traffic ticket history through the Texas Department of Public Safety.  If you are convicted of certain traffic tickets, your insurance can – and likely will – raise your insurance rates.

3) If you have four (4) moving violations in 12 months, or seven (7) tickets in 24 months, the Texas Department of Public Safety can suspend your license as a “habitual violator”.

After you receive a traffic ticket or citation from a police officer in the City of Dallas, you will have only twenty-one (21) days to pay the fine or appear in court to contest the ticket.   If you do not appear in court, a citation for “Failure to Appear” will be issued – adding more fines and penalties to your citation.  If you still fail to appear, a warrant for your arrest could or will be issued.

There are only two ways to get rid of the arrest warrant for a traffic ticket in the City of Dallas: 1) post a cash bond for the fines that you owe, or 2) hire an attorney who can post a bond on your behalf.  Many people chose to hire an attorney so that they do not have to come up with the hundreds of dollars needed to post a cash bond.  In most cases, hiring an attorney is often cheaper than posting the bond.

The Attig Law Firm charges the following rates for legal representation for traffic tickets issued the City of Dallas:

* $75 per offense for City of Dallas Tickets

* $150 per offense for past due City of Dallas Tickets, or tickets where a warrant has been issued. (This fee is for any City of Dallas offense that was issued more then 21 days earlier and for which no appearance was made and no fine was paid).

The Attig Law Firm will attempt to have the ticket dismissed or negotiate a plea agreement on your behalf.  Tickets can sometimes be dismissed if they are outside the “statute of limitations”, if the City of Dallas is unable to prove you committed the offense, or if there is some other flaw in the citation.  If the ticket cannot be dismissed, a common outcome is a plea agreement known as  deferred adjudication.

Deferred adjudication is a type of probation that may be given in traffic court.  In most cases, you will have to pay some money on the ticket and also agree that you will not get a ticket for a certain period of time (30 – 180 days from your court date).  If you are under 25, the City may also want you to take a defensive driving course.

The Attig Law Firm may be able to assist with other Class C Misdemeanors such as public intoxication, minors in possession, Class C Assaults, or other city code violations.  Contact us for our fees on such matters as the attorney fees do vary for these types of matters.

The Attig Law Firm accepts all major credit and debit cards.  Please visit our website for more information about how to retain the Attig Law Firm for legal representation for your traffic ticket in the City of Dallas.

Once we receive the packet and payment, we will contact you to finalize the documents and return signed copies of certain documents to you.  Keep in mind, you are not represented by the Attig Law Firm, PLLC, until you receive a copy of an attorney client agreement signed by one of our attorneys.

I often get calls from FERS/CSRS Disability Retirement applicants who have been denied disability retirement by OPM.  They tell me all the medical conditions that are impacting them, and when I look at their application and denial letter from OPM, I often do not see all of the federal employee’s medical conditions listed.  In addition to the individual medical conditions, a FERS/CSRS employee applying for disability retirement can and probably should try to argue how the collective operation of all of their medical conditions – in addition to each one individually – precludes them from rendering useful and efficient government service.

No post on this website is legal advice, is meant to be legal advice, and certainly does not serve as a substitute for legal advice. Information is power, and we are providing this information to give you, the federal employee, with some power. This information is not widely or easily accessible to Federal Employees.

The Attig Law Firm represents Federal employees under FERS or CSRS in their applications for federal disability retirement to OPM. If an application for federal disability retirement is denied, the Firm represents Federal employees under both FERS and CSRS in their MSPB appeals of denials of federal disability retirement applications by OPM.

It is best to consult with a lawyer familiar withMerit Systems Protection Board (MSPB) appeals to discuss the facts and law of your particular case. If you have questions about federal  disability retirement under FERS or CSRS, or OPM’s denial of your applications for federal disability retirementbenefits under FERS or CSRS, contact an MSPB attorney at the Attig Law Firm to schedule a telephone consultation.

From a Press Release provided to the Attig Law Firm, yesterday, comes word that a Free Legal Clinic is being offered for DFW-area veterans.   Attorney Chris Attig, from the Attig Law Firm, PLLC, will be on hand to discuss with DFW area Veterans and their spouses their questions about their VA claims for disability compensation.

Click on this link to download the DAABA_ClinicFlyer

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Dallas Minority Bar Associations to Provide Free Legal Clinic for DFW-area Veterans

(Dallas, TX—October 27, 2010) – The Dallas Asian American Bar Association, the Dallas Hispanic Bar Association, and the J.L. Turner Legal Association—in conjunction with the Dallas Volunteer Attorney Program, Irving Cares and the Greater Irving/Las Colinas Chamber of Commerce —is hosting a free Veterans Legal Clinic which will be held at Irving Cares, 440 South Nursery Road, Suite 101, Irving, Texas 75060 from 10:00 a.m. to 12:00 p.m. on Saturday, November 6, 2010.  Parking will be provided free of charge.

Volunteer attorneys from each of the minority bar associations will be available to meet with veterans and their spouses to provide brief legal advice for qualifying participants in the following areas: bankruptcy, child support, consumer rights, divorce or custody, employment, wills and estate planning, and landlord/tenant issues.  Volunteer attorneys will also provide screenings to determine if veterans and their spouses are eligible for free legal representation.

The Dallas Asian American Bar Association (“DAABA”) advocates for the interests of local Asian American attorneys and the greater Asian community.  DAABA encourages and promotes the professional growth and good community standing of its members.  DAABA can be found online at http://www.daaba.org.  The Dallas Hispanic Bar Association’s (“DHBA”) goal is to provide legal services to the Hispanic community, to enrich and ensure the success of its members in the legal profession in Dallas and to actively become involved in issues affecting the Hispanic community.  For more information, visit the DHBA at http://www.dallashispanicbar.com.  The J.L. Turner Legal Association (“JLTLA”) is the African-American bar association in Dallas, Texas. JLTLA’s mission is to improve the quality of life in our community through education, service and scholarship.  You can find JLTLA online at http://www.jltla.org.

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The Attig Law Firm represents U.S. Veterans who have been denied  benefits in their VA Disability claims for compensation due to injuries or diseases incurred during military service. The Firm currently represents peace-time and war-time veterans of all branches of the military, at all levels of the VA disability claim process (VA Regional Office, Board of Veterans’ Appeals, and the Court of Appeals for Veterans’ Claims). Contact the Attig Law Firm if you would like to discuss your claim for disability benefits before the VA.

No post on this website is meant to be legal advice and the posts on this website do not serve as a substitute for legal advice. Information is power, and we are providing this information to give you, the Veteran, some power. This information is not widely or easily accessible to Veterans.  The information presented on this website is a general description of law and processes; each case is different, and there may be approaches listed here that are not accurate or applicable to your case. Likewise, their may be information that is applicable to your case that is not provided on this Veterans Disability Compensation Blog.

It is very important that we note that each and every Veteran’s claim is different. Just because we were able to secure substantial past-due benefits for one Veteran does not mean or imply that we will be able to do so for you.   In some cases, we may not be able to secure you any financial compensation due to the facts of your particular case.

It is best to consult with a lawyer familiar with VA Disability claims to examine your particular case.  If you would like to discuss your VA claim with a lawyer who handles VA Benefits and Disability Appeals, contact the Attig Law Firm, PLLC, for a free consultation with a VA Disability attorney.

VA Disability attorneys at the Attig Law Firm, PLLC, represent Veterans in their  VA Disability Claims not only in Texas, Arkansas, Oklahoma, but in VA Disability Claims all around the United States, Puerto Rico, and even overseas Veterans in their claims for disability compensation from the Department of Veterans Affairs. ]]> http://www.attiglawfirm.com/blog/uncategorized/veterans-benefits-news-organizations-to-hold-legal-clinic-for-veterans-in-irving-texas-on-november-6-2010/feed/ 0 http://www.attiglawfirm.com/blog/uncategorized/veterans-disability-benefits-what-is-the-statement-of-the-case/ http://www.attiglawfirm.com/blog/uncategorized/veterans-disability-benefits-what-is-the-statement-of-the-case/#comments Wed, 20 Oct 2010 11:05:44 +0000 Chris Attig http://www.attiglawfirm.com/blog/?p=711 When the VA Regional Office denies a Veteran’s claim for service-connected disability benefits, the Veteran has the option of appealing that decision to the Board of Veterans’ Appeals (BVA). There is a process that must be followed in order to “perfect the appeal” to the Board of Veterans’ Appeals (BVA).

The first step in perfecting an appeal to the Board of Veterans’ Appeals (BVA). is for the Veteran to submit a Notice of Disagreement (NOD) with the VA Regional Office’s Ratings Decision.  When the VA Regional Office receives the Notice of Disagreement (NOD), it then prepares and delivers a “Statement of the Case” (SOC) to the Veteran.

The Statement of the Case (SOC) is statutorily required.  It’s purpose is to explain to the Veteran the reason(s) that the Veteran’s claim for benefits was denied. The Statement of Case (SOC) must provide notice to the Veteran of the relevant and/or controlling statutes and/or regulations on which the VA Regional Office relied to  support its decision to deny benefits.

The Statement of the Case (SOC) is often a multi-page document, with paragraph after paragraph of seeming incomprehensible legalese.  This legalese represents direct quotes of the statute and regulations that the VA Regional Office relied on in denying the Veteran’s claim.  Read it carefully – not only can the Veteran use the SOC to determine when the VA Regional Office is relying on “old” law, but also the Veteran can have some insight into the procedural defenses that the VA Regional Office is using to deny the claim.

After receipt of the Statement of the Case (SOC), the Veteran will take the final step in perfecting the appeal to the Board of Veterans’ Appeals (BVA). by preparing and filing the Substantive Appeal on VA Form 9. This Form should be included in the Statement of Case (SOC) that the Veteran receives from the VA Regional Office.

It is very important that we note that each and every Veteran’s claim is different. Just because we were able to secure substantial past-due benefits for one Veteran does not mean or imply that we will be able to do so for you.   In some cases, we may not be able to secure you any financial compensation due to the facts of your particular case.

It is best to consult with a lawyer familiar with VA Disability claims and benefits or a Veterans Service Organization to examine your particular case.  If you would like to discuss your VA claim with a lawyer who handles VA Benefits and Disability Appeals, contact the Attig Law Firm, PLLC, for a free consultation with a VA Benefits attorney.

The Attig Law Firm, PLLC, represents Veterans in Texas, Arkansas, Oklahoma (and all around the nation) in their claims for disability compensation from the Department of Veterans Affairs.

The statutes governing FERS or CSRS disability retirement only require the following forms (you can find the regulation at 5 C.F.R. §831.1206(a)(1):

1) Applicant’s statement of disability,

2) Supervisor’s statement,

3) Agency certification or reassignment/accommodation efforts, and,

4)Disability retirement checklist.

It is usually better to include these forms on the Standard Form (SF) provided by OPM, but feel free to use continuation sheets where necessary.  If your employing Agency or OPM tells you that you are  missing a “required” form, ask them for the citation to the specific legal regulation that requires submission of that form.  If they ignore you, or can’t provide a specific response, they are probably wrong.  Of course, that won’t help you when you are in need of the FERS or CSRS disability retirementt benefits you are entitled to, and have to spend endless hours debating with a bureaucrat.

In the event you find yourself in this situation, stay calm, patient and civil, yet firm and direct.  Consider these options, saving the most extreme for the last.

Ask the employee to provide the legal citation to the regulation requiring the form they are demanding; document your request in writing, via electronic mail, certified mail, or facsimile.  Save a copy of whatever you send.

2) Call “B.S.”  (the Bureaucrat’s Supervisor). Ask the employee for their supervisor’s name and contact information.  Often (but not always) bureaucratic red tape is the function of a new employee that is tentative about their job, or an employee that is having performance difficulties and is under scrutiny themselves.   Contact the supervisor, explain the problem, and ask for help with the solution.  Document your request and follow-ups in writing.

3) Consider filing the application directly with OPM. If the problem is at the employing Agency, and it is holding up the delivery of your application for FERS or CSRS disability retirement to OPM, send a copy of the application directly to OPM with all of the evidence that you have attempted to file the application through your employing Agency.   Don’t be too optimistic about this step; I am a firm believer that the most contagious disease in the Federal Government is “Bureaucrat-itis”.  Bureaucrat-itis is my definition for a condition whereby silly, inane, and obtuse decisions are reinforced throughout an administrative process because each successive bureaucrat assumed that the preceding bureaucrat did a thorough job and knew what they are talking about.  Those of us that have spent any time in the Federal Government know that this is not the case more often than it is the case.

4) Consider whether you can file an “early” MSPB Appeal. If OPM refuses to acknowledge your application for an excessive period of time, and you have contacted them at frequent intervals for an extended period of time, you might consider filing an appeal with the Merit Systems Protection Board (MSPB).  There are MSPB cases that hold that the lack of any decision from OPM is an effective denial of the benefit sought.  You have to wait a long time for this though – simply waiting 4-6 months for OPM’s initial decision on your initial application for benefits probably isn’t going to be enough.

5) Consider contacting your Congressional Representative. House Representatives, ideally.  In an election year, particularly, House members are bending over backwards to gain extra points with their local constituents.  Follow the particular representative’s instructions on their website, as many have procedures in place to help you cut through bureaucratic red tape.  I recommend contacting the local office of your representative, tell a non-emotional story of your problem, specify what help you need (be specific and small – remember, you only need a little push to get through the bureaucratic spider web at OPM).

6) Consider hiring an attorney.   It’s easy to get emotionally invested in the outcome of your FERS or CSRS disability retirement application. You feel that the world is on your shoulders, and that if you make a mistake, your family’s financial security might be threatened.  This compounds the stress and anxiety, and makes it harder for you to advocate for yourself. An attorney isn’t a good choice for everyone – but it can be a good choice for many FERS or CSRS disability retirement applicants.  Talk to 2 or 3 MSPB lawyers to get a sense for our different styles, different fees, and different capabilities.

No post on this website is legal advice, is meant to be legal advice, and certainly does not serve as a substitute for legal advice. Information is power, and we are providing this information to give you, the federal employee, with some power. This information is not widely or easily accessible to Federal Employees.

The Attig Law Firm represents Federal employees under FERS or CSRS in their applications for federal disability retirement to OPM. If an application for federal disability retirement is denied, the Firm represents Federal employees under both FERS and CSRS in their MSPB appeals of denials of federal disability retirement applications by OPM.

It is best to consult with a lawyer familiar withMerit Systems Protection Board (MSPB) appeals to discuss the facts and law of your particular case. If you have questions about federal  disability retirement under FERS or CSRS, or OPM’s denial of your applications for federal disability retirementbenefits under FERS or CSRS, contact an MSPB attorney at the Attig Law Firm to schedule a telephone consultation.

Our client was a Vietnam Era veteran who was seeking compensation for, among other things, PTSD related to his military service.   The veteran’s experiences were so traumatic that after reading his story, this attorney had nightmares.  The veteran’s claim was initially denied by the VA Regional Office, at which time he retained the Attig Law Firm to assist him in his challenge of that denial.

The Attig Law Firm filed the Veteran’s Notice of Disagreement (NOD) with the VA Regional Office, and requested that a Decision Review Officer (a senior claims examiner) review the file prior to a BVA appeal.  Shortly thereafter, the client was granted an examination at a nearby facility, and within thirty days he was granted a 50% rating for his PTSD.   The Veteran will receive a significant amount of past-due compensation from the VA.

Not all of his claims were granted, however; the Firm continues to represent the Veteran in his claims for compensation for disabilities that the VA has already acknowledged resulted from the Veteran’s exposure to Agent Orange.

Congratulations to our client – though his fight continues, this initial success will make a dramatic improvement in the life of a Veteran who gave so much up for his country during – and after – his military service.

The Attig Law Firm represents U.S. Veterans who have been denied disability benefits for injuries that resulted from their military service. The Firm currently represents peace-time and war-time veterans of all branches of the military, at all levels of the claim process (VA Regional Office, Board of Veterans’ Appeals, and the Court of Appeals for Veterans’ Claims). Contact the Attig Law Firm if you would like to discuss your claim for disability benefits before the VA.

No post on this website is meant to be legal advice and the posts on this website do not serve as a substitute for legal advice. Information is power, and we are providing this information to give you, the Veteran, some power. This information is not widely or easily accessible to Veterans.  The information presented on this website is a general description of law and processes; each case is different, and there may be approaches listed here that are not accurate or applicable to your case. Likewise, their may be information that is applicable to your case that is not provided on this Veterans Disability Compensation Blog.

It is very important that we note that each and every Veteran’s claim is different. Just because we were able to secure substantial past-due benefits for one Veteran does not mean or imply that we will be able to do so for you.   In some cases, we may not be able to secure you any financial compensation due to the facts of your particular case.

It is best to consult with a lawyer familiar with VA Disability claims and benefits or a Veterans Service Organization to examine your particular case.  If you would like to discuss your VA claim with a lawyer who handles VA Benefits and Disability Appeals, contact the Attig Law Firm, PLLC, for a free consultation with a VA Benefits attorney.

The Attig Law Firm, PLLC, represents Veterans in Texas, Arkansas, Oklahoma (and all around the nation) in their claims for disability compensationfrom the Department of Veterans Affairs.