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NVLSP Wins Ruling in the Court of Appeals Requiring VA to Pay Retroactive Benefits for CLL; Court of Appeals Hearing Set for November 7th

On July 19, 2007, the United States Court of Appeals for the Ninth Circuit ruled in favor of Vietnam veterans in the latest chapter of Nehmer v. Department of Veterans Affairs. The Court of Appeals sided with NVLSP in affirming the ruling of the United States District Court for the Northern District of California that required the VA to pay retroactive benefits for Chronic Lymphocytic Leukemia (CLL). The decision is a huge victory for veterans and their families.

Previously, the earliest effective date the VA would assign for CLL-related claims based on Agent Orange exposure was October 16, 2003, the date of the VA’s regulation presumptively service-connecting CLL. Now, pursuant to the Court’s ruling, Vietnam veterans or their survivors are entitled to benefits retroactive to the date of their first claim based on CLL, even if the claim was made prior to October 16, 2003.

Read the Ninth Circuit’s Opinion here.

Here is one of the many news articles discussing the ruling: