Updated Nov 01, 2021
In This Section |
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This section contains the topic “Developing Claims Under the Nehmer Stipulation.”
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1. Developing Claims Under the Nehmer Stipulation
Introduction |
This topic contains information on developing claims under the Nehmer stipulation for disabilities resulting from exposure to herbicides, including
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Change Date |
November 1, 2021
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VIII.i.2.A.1.b. EP Control of Claims Under the Nehmer Stipulation |
When the Department of Veterans Affairs (VA) initiates a readjudication under Nehmer, project guidance will include proper end product (EP) controls specific to the particular readjudication effort.
If Nehmer is found to apply during the usual claim process, use the table below to determine the appropriate EP control(s) for application.
Note: Ensure to affix any specific claim attributes required by M21-4, Appendix C.
References: For more information on
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VIII.i.2.A.1.c. Requesting Examinations in Claims Involving Nehmer |
The mere passage of time since a VA examination was completed does not automatically require VA to provide a new medical examination, as stated in Palczewski v. Nicholson, 21 Vet.App. 174, 182 (2007). The determination of whether an examination is warranted is made on a case-by-case basis primarily focused on whether the evidence of record is adequate for rating purposes in accordance with 38 CFR 3.326 and, irrespective of age, accurately reflects the overall disability picture.
Reference: For more information on when medical evidence is adequate for rating purposes, see M21-1, Part IV, Subpart i, 1.A.
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