What this means
m21-1:VIII.i.2.A explains developing claims under the nehmer stipulation. In plain terms, the official guidance says when the VA initiates a readjudication under Nehmer, project guidance will include proper end product (EP) controls specific to the particular readjudication effort. It also addresses if Nehmer is found to apply during the usual claim process, use the table below to determine the appropriate EP control(s) for application.
How this may help with a claim
Use m21-1:VIII.i.2.A as an internal VA audit trail for developing claims under the nehmer stipulation, not as a promise of a particular result. Compare the actions recorded in your claim file or decision notice with this source-specific detail: When the 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. If the record does not show the expected action, identify the missing step precisely when asking VA or an accredited representative to review the file.
What to review in your file
- Check the file against this official condition: medical evidence
- Confirm that the record or notice addresses this source point: When the VA initiates a readjudication under Nehmer, project guidance will include proper end product (EP) controls specific to the particular readjudication effort.
- Document how this stated step or exception applies: If Nehmer is found to apply during the usual claim process, use the table below to determine the appropriate EP control(s) for application.
Important limits
m21-1:VIII.i.2.A is primarily internal workflow guidance about developing claims under the nehmer stipulation. It can help identify what VA was expected to document, but it does not by itself create a claimant deadline, a freestanding entitlement, or a guaranteed remedy. The source also states: When the VA initiates a readjudication under Nehmer, project guidance will include proper end product (EP) controls specific to the particular readjudication effort. Ensure to affix any specific claim attributes required by M21-4, Appendix E.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Developing Claims Under the Nehmer Stipulation
- m21-1:VIII.i.2.A
- Developing Claims Under
- Nehmer Stipulation
- Developing Claims Under Nehmer
- development actions following claims
- product control claims under
- requesting examinations claims involving
Original VA guidance
The official VA text of this section
Overview
In This Section
This section contains the topic “ Developing Claims Under the Nehmer Stipulation.”
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
- development actions following claims folder review
- end product (EP) control of claims under the Nehmer stipulation, and
- requesting examinations in claims involving Nehmer.
Change Date
November 1, 2021
VIII.i.2.A.1.a. Development Actions Following Claims Folder Review
Development actions following a Nehmer claims folder review may include development for
- medical evidence
- verification of service
- dependency
- payee status
- military pay, and/or
- burial information.
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.
Scroll sideways to see the full table.
| If … | Then … |
|---|---|
| all of the contentions associated with the pending claim are impacted by Nehmer applicability | change the pending EP control to EP 681 for completion of processing. Exception: If the Nehmer contention is controlled under an EP 030 or 040, establish a companion EP 681. |
| only some of the contentions associated with the pending claim are impacted by Nehmer applicability | establish a separate EP 681 for control of the Nehmer -eligible contentions, and remove those contentions from association with the concurrent rating EP. |
Note: Ensure to affix any specific claim attributes required by M21-4, Appendix E.
References: For more information on
- historical Nehmer readjudication EPs, see M21-4, Appendix B, and
- rating considerations in Nehmer claims, see M21-1, Part VIII, Subpart i, 2.B.
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.