A June 27, 2024 report by the Veterans Affairs Office of Inspector General (VA OIG) reveals that many Vietnam veterans have not received the retroactive benefits they are entitled to under the 1991 Nehmer consent decree.
This 1991 decree, resulting from the class-action lawsuit Nehmer v. US Department of Veterans Affairs, mandates the Department of Veterans Affairs (VA) to provide retroactive compensation to veterans exposed to herbicides during the Vietnam War. However, the report identifies significant gaps in the VBA’s process, leading to many veterans being overlooked.
The report highlights two major populations of veterans who were not identified for re-adjudication. First, an estimated 86,894 veterans with medical records indicating a diagnosis of an NDAA-covered disease (bladder cancer, hypothyroidism, or parkinsonism) were not recognized. These veterans had compensation or pension claims pending between September 25, 1985, and January 1, 2021, yet were not flagged by the VBA for potential retroactive benefits.
Approximately 36,125 veterans who served in Vietnam were entitled to an estimated $836.8 million in unpaid benefits.
Second, the report sheds light on 226 veterans who were granted service connection for bladder cancer due to exposure to contaminated water at Camp Lejeune. These veterans might also be eligible for greater retroactive benefits under the 1991 Nehmer consent decree if they served in Vietnam. Unfortunately, these veterans were also not identified for re-adjudication.
If you or someone you know meets the service eligibility requirements and were denied service connection for the following conditions, you may be eligible for significant disability benefits from the VA:
- Bladder cancer
- Chronic B-cell leukemia
- Hodgkin’s disease
- Multiple myeloma
- Non-Hodgkin’s lymphoma
- Prostate cancer
- Respiratory cancers (including lung cancer)
- Some soft tissue sarcomas
- AL amyloidosis
- Chloracne (or other types of acneiform disease like it)
- Diabetes mellitus type 2
- High blood pressure (hypertension)
- Hypothyroidism
- Ischemic heart disease
- Monoclonal gammopathy of undetermined significance (MGUS)
- Parkinsonism
- Parkinson’s disease
- Peripheral neuropathy, early onset
- Porphyria cutanea tarda
Ensuring that all eligible veterans receive the benefits they deserve is a matter of justice and honor for those who have served our nation.
This report VA serves as a crucial reminder of the work that remains to be done to fully support our Vietnam veterans.
For more information or to discuss potential claims, please contact the Veteran’s Legal Center at 619-400-0050, or by email at info@veteranslegalcenter.org.
We are dedicated to helping veterans and their families secure the benefits they have rightfully earned.
