For more information on PN for purposes, see M21-1, Reference: Nehmer Part IV, Subpart ii, 2.C.3.j. c. Information When readjudication of a claim under the stipulation requires Nehmer to Include in development to the Veteran, letters to the Veteran should include notification Nehmer that Development Letters to the the claim will be readjudicated with all of the procedural rights normally Veteran applicable to VA decisions the Veteran will be afforded a reasonable time to present evidence or reasons why the claim should be considered under the new regulations, and if the VA does not receive such evidence or reasons, VA will make a decision based on the evidence considered in the previously decided claim. d. Scheduling The mere passage of time since a VA examination was completed does not an Examination automatically require VA to provide a new medical examination, as stated in , for a Nehmer 21 Vet.App. 174, 182 (2007). The determination of whether an examination Claim is warranted is made on a case-by-case basis primarily focused on whether the evidence of record is adequate for rating purposes and accurately reflects the overall disability picture. When entering an examination request, notify the VA medical Important: facility in the section that the claim is a case and should not Remarks Nehmer be canceled due to incorrect jurisdiction. Upon receipt of mail that has been returned as undeliverable pertaining to a e. Returned Mail claim Nehmer Procedures for Claims Based review the returned mail for any forwarding address indicated by the U.S. on the Nehmer Postal Service Stipulation review the claims folder review Share, Compensation and Pension Records Interchange (CAPRI), and other systems, as applicable, to verify the validity of the address utilized in the development letter if a valid address still cannot be verified, attempt to make telephone contact with the payee, and if there is evidence of a previous electronic funds transfer with complete bank information, send a letter to the bank. Document all efforts to locate a payee on Important: VA Form 27-0820, summarizing each action taken to identify a Report of General Information current address. If VA attempted to locate multiple payees, a separate VA shall be completed for each payee with a summary for each Form 27-0820 individual. After completion, the claim shall be forwarded to the rating activity for a decision based on the evidence of record, if one is not yet completed.
Reference: For more information on PN for Nehmer purposes, see M21-1, Part IV, Subpart ii, 2.C.3.j. c. Information to Include in Nehmer Development Letters to the Veteran When readjudication of a claim under the Nehmer stipulation requires development to the Veteran, letters to the Veteran should include notification that the claim will be readjudicated with all of the procedural rights normally applicable to VA decisions the Veteran will be afforded a reasonable time to present evidence or reasons why the claim should be considered under the new regulations, and if the VA does not receive such evidence or reasons, VA will make a decision based on the evidence considered in the previously decided claim. d. Scheduling an Examination for a Nehmer Claim 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 , 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 and accurately reflects the overall disability picture. Important: When entering an examination request, notify the VA medical facility in the Remarks section that the claim is a Nehmer case and should not be canceled due to incorrect jurisdiction. e. Returned Mail Procedures for Claims Based on the Nehmer Stipulation Upon receipt of mail that has been returned as undeliverable pertaining to a Nehmer claim review the returned mail for any forwarding address indicated by the U.S. Postal Service review the claims folder review Share, Compensation and Pension Records Interchange (CAPRI), and other systems, as applicable, to verify the validity of the address utilized in the development letter if a valid address still cannot be verified, attempt to make telephone contact with the payee, and if there is evidence of a previous electronic funds transfer with complete bank information, send a letter to the bank. Important: Document all efforts to locate a payee on VA Form 27-0820, Report of General Information summarizing each action taken to identify a current address. If VA attempted to locate multiple payees, a separate VA Form 27-0820 shall be completed for each payee with a summary for each individual. After completion, the claim shall be forwarded to the rating activity for a decision based on the evidence of record, if one is not yet completed.