DISABILITYVA program
NEHMER Framework: Automatic Herbicide Claim Reopening
Under the NEHMER court settlement, VA automatically reviews and reopens previously denied claims for conditions added to the Agent Orange presumptive list, potentially awarding back pay to the date of original denial.
Available to veterans with prior herbicide-related claim denials now covered by presumptive list
Step-by-step guide
What the Nehmer rules look for
- Service in VietnamService on land in the Republic of Vietnam or on its inland waterways. Service only on ships in the offshore waters goes through a new claim under the 2019 Blue Water Navy law; see the steps below. The rules do not cover exposure only outside Vietnam, such as in Thailand or the Korean DMZ.
- A condition VA added to the herbicide listA diagnosis of a covered condition, such as type 2 diabetes, ischemic heart disease, prostate cancer, Parkinson's disease, bladder cancer, hypothyroidism, or Parkinsonism. Chloracne, high blood pressure, and MGUS are not covered by these rules.
- An earlier claim for that conditionA claim VA denied, or that was pending or received, between September 25, 1985, and the date VA added the condition. It counts even if it did not mention Agent Orange, and a pension, burial, or DIC claim can count. If VA had a diagnosis of the condition in your records when it decided an earlier claim, that counts too.
Source: 38 CFR 3.816(b) (opens in new tab); M21-1 VIII.i.2.B (opens in new tab); M21-1 VIII.i.1.A (opens in new tab); M21-1 VIII.i.1.D (opens in new tab); 38 CFR 3.816(c) (opens in new tab)
Who is asking?
- A Vietnam veteran with an earlier claim
When VA adds a condition to the herbicide list, court orders in Nehmer v. VA require VA to look back for earlier claims from Vietnam veterans and pay from the earlier date. VA does this on its own, and no new claim is needed. The start date is the date VA received the earlier claim, or the date the condition began, whichever is later.
Source: 38 CFR 3.816(b) (opens in new tab); 38 CFR 3.816(c) (opens in new tab); M21-1 VIII.i.2.B (opens in new tab); VA.gov: Agent Orange exposure and disability compensation (opens in new tab)
- A survivor of a Vietnam veteran
The rules reach survivors two ways. If the veteran died from a covered condition, an earlier DIC claim can get the earlier start date, and an earlier death pension claim counts as a DIC claim. And if a veteran owed back pay under these rules dies before VA pays it, VA pays it without an application: first to the person married to the veteran at the death, even if later remarried, then the children, then the parents, then the estate. Children include adopted children and stepchildren who lived in the veteran's household.
- A record of your relationship to the veteranVA needs a record of the family relationship, such as a marriage or birth certificate, before it pays a survivor. Before paying, VA asks whether other survivors with an equal or greater claim exist.
Source: 38 CFR 3.816(d) (opens in new tab); 38 CFR 3.816(f) (opens in new tab); M21-1 VIII.i.2.C (opens in new tab); M21-1 VIII.i.2.B (opens in new tab)
What to gather, and what it shows VA
| Document | What it shows | How VA gets it | Have it? |
|---|---|---|---|
| The old VA decision letter The letter VA sent when it decided the earlier claim, with its date and the conditions it covered. | That an earlier claim existed, and when VA decided it | VA holds it in your claims file, so keep any copy you have. Recent decision letters are on VA.gov. For older ones, ask VA for a copy of your file with VA Form 20-10206. | Yes |
| Records of the diagnosis VA or private medical records that show the covered condition and when it was first diagnosed. | The condition, and when it was first diagnosed | VA will request your VA records for you. For private records, send copies to VA, or complete VA Form 21-4142 and VA Form 21-4142a so VA can request them. | |
| Records of service in Vietnam Your DD214, orders, or personnel records that show service in Vietnam. | Service in Vietnam | VA will request your service records for you. You can also get your own copy through eVetRecs or SF180. | Yes |
| Marriage or birth certificate For a survivor: the marriage certificate, or the child's or veteran's birth certificate that shows the family link. | Your relationship to the veteran | VA needs a record of the relationship before it pays a survivor, and it may write to ask for one. Send a copy to VA. | Yes |
Records and statements go to VA. BeneVets never asks you to upload or type them here.
Steps, in order
- Find your earlier claim
Look for VA letters about a claim filed or decided between September 25, 1985, and the date VA added your condition to the herbicide list. Recent decision letters are on VA.gov. For older records, ask VA for a copy of your claims file with VA Form 20-10206.
Source: 38 CFR 3.816(c) (opens in new tab); VA.gov: download VA benefit letters (opens in new tab); VA Form 20-10206 (opens in new tab); VA Privacy: Privacy Act requests (opens in new tab)
- Get free help from a VSO
Free help: an accredited VSO can file this with you. Find one near you in the BeneVets VSO directory at Find an accredited VSO near you. A VSO can also go over your old claims and letters with you.
Source: VA.gov: accredited representatives (opens in new tab)
- Answer VA letters
During a review, VA can write to ask for medical records, service details, or information about dependents or survivors. Answer with what you have.
Source: M21-1 VIII.i.2.A (opens in new tab); VA.gov: Agent Orange exposure and disability compensation (opens in new tab)
- Ask VA about a review
If you think an earlier claim was covered and you have not heard from VA, call VA or visit your nearest VA regional office. VA.gov lists both under help with Agent Orange claims.
Source: VA.gov: Agent Orange exposure and disability compensation (opens in new tab)
- Otherwise, file a Supplemental Claim
VA.gov says that if VA denied your claim in the past and now treats the condition as presumptive, you can file a Supplemental Claim on VA Form 20-0995. A claim based on a change in law does not need new evidence. Veterans who served only on ships off Vietnam use this route for the 2019 Blue Water Navy law.
Source: VA.gov: Agent Orange exposure and disability compensation (opens in new tab); VA.gov: Supplemental Claims (opens in new tab); VA Form 20-0995 (opens in new tab); M21-1 VIII.i.1.D (opens in new tab)
- Survivors: answer letters about payment
If a veteran owed back pay under these rules died before VA paid it, VA pays it without an application. VA may write to ask for a record of your relationship and whether other survivors exist. Answer with what you have.
Source: 38 CFR 3.816(f) (opens in new tab); M21-1 VIII.i.2.C (opens in new tab)
Good to know
VA searches its own records for these cases, and no new claim is needed. For bladder cancer, hypothyroidism, and Parkinsonism, added in 2021, VA.gov says VA reviews past denials automatically and sends a letter when it starts. A decision under these rules says VA reviewed your whole claims file to find the earliest claim date.
Source: M21-1 VIII.i.2.B (opens in new tab); VA.gov: Agent Orange exposure and disability compensation (opens in new tab)
Compensation starts from the date VA received the earlier claim, or the date the condition began, whichever is later. If that claim came within 1 year after you left service, it can start the day after separation. For DIC, a claim within 1 year of the death can start on the first day of the month of the death. VA does not pay from a date before the condition was diagnosed.
Source: 38 CFR 3.816(c) (opens in new tab); 38 CFR 3.816(d) (opens in new tab); M21-1 VIII.i.2.B (opens in new tab)
A claim first filed after VA added the condition is not a Nehmer case; its start date follows the usual rules. If Vietnam service ended before August 5, 1964, a claim VA denied before January 1, 1997 is not covered, and a later claim pays from no earlier than January 1, 1997. Veterans who served only on ships off the coast file a Supplemental Claim under the 2019 Blue Water Navy law.
Source: M21-1 VIII.i.2.B (opens in new tab); 38 CFR 3.816(e)(2) (opens in new tab); M21-1 VIII.i.1.D (opens in new tab); VA.gov: Agent Orange exposure and disability compensation (opens in new tab)
BeneVets is informational and is not an accredited representative. Free help: an accredited VSO can work through VA benefits with you at no cost. Find an accredited VSO near you
Sources checked October 1, 2026: 38 CFR 3.159(c)(1) (opens in new tab), 38 CFR 3.159(c)(2) (opens in new tab), 38 CFR 3.159(c)(3) (opens in new tab), 38 CFR 3.816(c) (opens in new tab), 38 CFR 3.816(b) (opens in new tab), 38 CFR 3.816(d) (opens in new tab), 38 CFR 3.816(e)(2) (opens in new tab), 38 CFR 3.816(f) (opens in new tab), M21-1 VIII.i.1.A (opens in new tab), M21-1 VIII.i.2.B (opens in new tab), M21-1 VIII.i.2.A (opens in new tab), M21-1 VIII.i.2.C (opens in new tab), M21-1 VIII.i.1.D (opens in new tab), VA.gov: Agent Orange exposure and disability compensation (opens in new tab), VA.gov: Supplemental Claims (opens in new tab), VA.gov: download VA benefit letters (opens in new tab), VA.gov: request your military service records (opens in new tab), VA.gov: accredited representatives (opens in new tab), VA Privacy: Privacy Act requests (opens in new tab), VA Form 20-10206 (opens in new tab), VA Form 20-0995 (opens in new tab), VA Form 21-4142 (opens in new tab), VA Form 21-4142a (opens in new tab), Standard Form 180 (SF180) (opens in new tab)