What Is a Nehmer Class Member
A Nehmer class member is a Vietnam veteran or surviving spouse/child who qualifies for retroactive VA disability benefits dating back to January 1, 1993, under the Nehmer v. United States settlement. This class action settlement resolved a lawsuit challenging the VA's handling of Agent Orange presumptive conditions and expanded which diseases the VA recognizes as service-connected for Vietnam veterans exposed to herbicides.
The settlement applies specifically to veterans who filed claims for conditions later recognized as presumptive diseases but were denied before the VA expanded its presumptive disease list. If you're a Vietnam-era veteran with one of the covered conditions, you may be eligible for a rating and back pay retroactive to your original claim date or January 1, 1993, whichever is later.
Eligibility Requirements
To qualify as a Nehmer class member, you must meet several criteria:
- Served in Vietnam between January 9, 1962, and May 7, 1975
- Have a medical diagnosis of one of the VA's Agent Orange presumptive conditions (includes conditions like prostate cancer, diabetes type 2, Parkinson's disease, and several others)
- Filed your initial VA disability claim before the VA added your condition to the presumptive list, or meet specific timelines for certain conditions
- Survive to receive the award or have eligible survivors (surviving spouse or children under age 23)
The covered presumptive conditions are published by the VA and updated periodically. Your effective date for benefits may be your original claim filing date or the date your condition was added to the presumptive list, depending on which is later and your specific circumstances.
How Nehmer Claims Work
If you believe you qualify as a Nehmer class member:
- File VA Form 21-526-EZ (Application for Disability Compensation and Related Compensation Benefits) and indicate your Vietnam service in the herbicide exposure section
- Submit medical evidence documenting your diagnosis. The VA may schedule a Compensation & Pension (C&P) exam to evaluate your condition
- A nexus letter from a physician stating your condition is at least as likely as not connected to your service is helpful, though the VA may rely on the presumptive connection for recognized conditions
- The VA will assign a disability rating based on the severity of your condition using the VA Schedule for Rating Disabilities
- Back pay is calculated from your effective date through the current date, with interest in some cases
Processing times vary. The VA's goal is 125 days, but complex claims with multiple conditions may take longer. You can check your claim status online through VA.gov.
Appeals and VSO Representation
If your initial claim is denied or you disagree with your rating, you have the right to appeal. Working with a Veterans Service Officer (VSO) or accredited representative during the appeal process is common. They can gather additional medical evidence, file supplemental claims, or represent you before the Board of Veterans' Appeals at no cost (VSOs are free; some accredited representatives charge fees).
Many Nehmer claims benefit from having strong C&P exam results and clear medical documentation of your condition and service connection.
Common Questions
Can I file a Nehmer claim after my initial claim was already denied?
Yes. If you were denied a claim before a condition was added to the presumptive list, you can file a new claim or a supplemental claim. The effective date may be the date of your new claim rather than the original denial, unless you meet specific reopening criteria.
How much back pay can I receive as a Nehmer class member?
Back pay is calculated using the VA's monthly disability rates for your assigned rating percentage, multiplied by the number of months from your effective date until your award date. Rates vary by rating percentage and increase annually with Cost of Living Adjustments (COLA). A 50% rating, for example, pays approximately $1,340 per month as of 2024, so back pay could be substantial depending on how far back your effective date reaches.
What happens if I'm a surviving spouse or child?
Surviving family members of Nehmer class members can receive Dependency and Indemnity Compensation (DIC) or survivors' benefits. You'll need to prove your relationship and that the veteran's service-connected condition contributed to their death.
Related Concepts
- Agent Orange - The herbicide exposure that qualifies veterans for presumptive conditions
- Effective Date - The date your VA disability benefits begin, which determines your back pay calculation