Nehmer, et al v. US Veterans Administ

Filing 447

ORDER AMENDING THE PRIVACY PROTECTIVE ORDER. Signed by Judge Thelton E. Henderson on 12/22/2011. (tmi, COURT STAFF) (Filed on 12/22/2011)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISO DIVISION

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Plaintiffs,
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v.
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THE UNITED STATES DEPARTMENT OF )
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VETERANS AFFAIRS, et al.,
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Defendants.
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_________________________________
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BEVERLY NEHMER, et al.,

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Civil Action No. CV-86-6160 (TEH)

(PROPOSED) ORDER AMENDING THE
PRIVACY PROTECTIVE ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED, the Privacy Protective
Order (docket item 224) entered by the Court on August 10, 1999 is amended as follows:
10.

Upon entry of this order to amend the privacy protection order of August 10,

1999, defendants are authorized to disclose to plaintiffs’ counsel the names and file numbers of
claimants for whom VA has prepared a “Memorandum for the Record” determining that the
claimant is not entitled to an adjudication under Final Stip. & Order, ¶3.
11.

Documents pertaining to VA’s readjudication of claims of class members

based on the addition prior to 2010 of conditions to VA’s list of diseases presumptively associated
with exposure to herbicides used in Vietnam will be retained by VA at a VA facility for a period of
three years from the date of last use before being transferred to a Federal Records Center. In
accordance with the applicable records retention schedule, such records will be disposed of three
years and three months after transfer to a Federal Records Center, which will be six years and three

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(PROPOSED) ORDER AMENDING THE PRIVACY PROTECTIVE ORDER – CV-86-6160 (TEH)

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Documents pertaining to VA’s readjudication of claims of class members

based on the 2010 addition of conditions to VA’s list of diseases presumptively associated with
exposure to herbicides used in Vietnam will be retained by VA at a VA facility before being
transferred to a Federal Records Center until at least the later of (a) the expiration of a period of
three years from the date of last use, or (b) one year after VA notifies class counsel in writing that it
has completed disposition of each of the approximately 145,000 claims identified by VA. In
accordance with the applicable records retention schedule, such records will be disposed of three
years and three months after transfer to a Federal Records Center. This provision does not apply to
rating decisions and other documents contained in official VA claim files.

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Dated: 12/22/2011

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THELTON E. HENDERSON
United States Senior District Judge

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documents contained in official VA claim files.

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months after the resolution of the claim. This provision does not apply to rating decisions and other

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(PROPOSED) ORDER AMENDING THE PRIVACY PROTECTIVE ORDER – CV-86-6160 (TEH)