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Query: ("m21-1")
7261(a)(3)(D) (West 1991); 38 C.F.R. §§ 1.12, 1.551(c) (1991); Department of Veterans Affairs Adjudication Procedure Manual, M21-1, para. 50.13(b); Fugere v. Derwinski, 1 Vet.App. 103 (1990), aff'd 972
bilateral defective hearing. The veteran argues that para. 50.13(b) of the VA Adjudication Procedure Manual (M21-1) was changed to his detriment in violation of 5 U.S.C. §§ 552(a)(1) and 553 (1988), in
bilateral defective hearing. The veteran argues that para. 50.13(b) of the VA Adjudication Procedure Manual (M21-1) was changed to his detriment in violation of 5 U.S.C. §§ 552(a)(1) and 553 (1988), in
approximate 2 square feet and, although the areas were not separated, it was believed that the criteria should be applied as for separate scars as provided in M21-1, par. 50.32. DECISION OF THE BOARD For
of Veterans Appeals in the case of Gilbert v. Derwinski. The decision by the RO is said to violate the provisions of 38 C.F.R. § 3.1(n). "Section 14.04(1)(a)" of the VA's Policy Manual M21-1 is also cited.
the claims folder and any indicated development should be completed, to include that suggested in paragraph 50.53 of M21-1. 2. The veteran should be contacted and asked to furnish the name and address of
eye disability was denied. The veteran was informed of that determination and did not timely appeal. 2. The provisions of VA Manual M21-1 constitute the functional equivalent of evidence which bears directly
2. In accordance with M21-1, Part III, § 9.01 (Authorization and Clerical Procedures to Veterans Benefits Manual M21-1, Adjudication Procedures.), the Division of Benefit Services, Office of Disability
actions: 1. In accordance with § 9.01, Part III and § 7.51(a), Part VI, M21-1 (Authorization and Clerical Procedures to Veterans Benefits Manual M21-1, Adjudication Procedures.), the Division of Benefit
were nonexistent. The Board observes that the veteran has contended that the provisions of M21-1, paragraph 50.45e (now found in M21-1, Part VI, Section 7.46, Change 2 May 28, 1992) are also applicable.
in April 1992 increased the evaluation from 30 percent to 60 percent but did not explain its basis for the increase pursuant to M21-1, Chapter 50, Subchapter V, § 50.20 e, f, (1)(2). It is noteworthy that
department has not certified the veteran's prisoner-of-war service. Department of Veterans Affairs (VA) Manual M21-1, Part IV, Paragraph 34.05(c), provides that, if the VA has obtained information deemed
events to establish a predicate for a diagnosis of PTSD under 38 U.S.C.A. § 1154(b) (West 1991); 38 C.F.R. § 3.304(d) (1991); and the VA Adjudication Procedure Manual, M21-1, paragraph 50.45(e). DECISION
2. In accordance with M21-1, Part III, § 9.01 (Authorization and Clerical Procedures to Veterans Benefits Manual M21-1, Adjudication Procedures.), the Division of Benefit Services, Office of Disability
review. REMAND The appellant's representative, in his January 1992, written argument, specifically asks that the RO be requested to follow guidelines set out in M21-1, Part VI, Section 7.46 (March 17, 1992),
in December 1988, the veteran's rating for paranoid schizophrenia, which had been evaluated as 100 percent disabling from January 1, 1980, was reduced to 70 percent disabling from April 1, 1989. The veteran
shows the veteran has since established service connection for additional disabilities for which compensable evaluations have been assigned. 11. The veteran has a 12th grade education, 1 1/2 years of training
A bone graft was taken from the right tibial diaphysis. The only residual disability was a scar approximately 19 centimeters' long and 1/2- to 1 1/4-inch wide. The scar was tender and adherent but not functionally
with § 9.01, Part III and § 7.51(a), Part VI, M21-1 (Authorization and Clerical Procedures to Veterans Benefits Manual M21-1, Adjudication Procedures.), the Division of Benefit Services, Office of Disability
that the contentions constitute "new and material evidence" per se. It is contended, in part, that the RO failed to follow the VA's Adjudication Procedure Manual, M21-1, §50.45, to develop evidence of
we find that the current evidence of record is insufficient to allow us to make this determination. The Department of Veteran's Affairs Adjudication Procedure Manual M21-1 Paragraph 50.45, sets forth the
obtained, nor has there been inquiry of the U.S. Army and Joint Services Environmental Support Group regarding the appellant; the requirements and guidelines in VA manual M21-1 applicable to PTSD claims
attempted rescission of M21-1 (that is, the VA Adjudication Procedure Manual) Part I, para. 50.13(b), which instructed VA rating boards not to reduce benefits for hearing loss where the reduction is due
effective on and after May 3, 1990. For many years before May 3, 1990, a VA adjudication manual contained a substantially equivalent nonregulatory definition. Manual M21-1, Ch. 50. The available service
92 Decision Citation: BVA 92-11010 Y92 BOARD OF VETERANS' APPEALS WASHINGTON, D.C. 20420 DOCKET NO. 88-46 299 DATE ) THE ISSUES 1. Entitlement to service connection for Parkinson's disease. 2. Entitlement
to conduct another psychiatric examination with the findings to conform to DSM-III-R, Section 4.126, and VA Adjudication Procedure Manual, M21-1, Part VI, paragraph 7.46. The veteran's representative also
Part VI, M21-1 (Authorization and Clerical Procedures to Veterans Benefits Manual M21-1, Adjudication Procedures.), the Division of Benefit Services, Office of Disability Operations [formerly Bureau of
the service medical records. The decision was also guided by Department of Veterans Affairs (VA) Manual M21-1, § 50.ll (January 3, l986), which declared: In consideration of service connection, hearing
92 Decision Citation: BVA 92-23533 Y92 BOARD OF VETERANS' APPEALS WASHINGTON, D.C. 20420 DOCKET NO. 89-10 732 DATE ) THE ISSUES 1. Entitlement to restoration of a rating in excess of 10 percent for
disabilities would be for consideration. It is of note, in this regard, that the VA's Veterans Benefits Administration Manual M21-1, paragraph 50.55(b), defines substantially gainful employment as "that
in § 43.06(g)(4)(g) (prior to November 1991) of the Department of Veterans Affairs Adjudication Procedures Manual M21-1 instructed the RO to treat claims for burial benefits in certain situations as also
to the correct and relevant facts. We have noted the representative's contention that Manual M21-1, Section 50.02(b) refers to "limitation of motion of the spine due to ankylosis"; however, as noted, that
was to be considered a claim for dependency and indemnity compensation and accrued benefits. 38 U.S.C. § 5101(b)(1). The VA Adjudication Procedures Manual, M21-1, which contains the VA's policy and procedures
benefits was not possible, and that paragraph 50.47(k) of the Department of Veterans Affairs' Veterans Benefits Administration Manual M21-1 warrants an allowance of the benefit sought on appeal. DECISION
92 Decision Citation: BVA 92-24696 Y92 BOARD OF VETERANS' APPEALS WASHINGTON, D.C. 20420 DOCKET NO. 91-46 770 DATE ) THE ISSUES 1. Entitlement to an increased evaluation for hypertensive cardiovascular
service personnel records have not been obtained. He has not been provided a PTSD protocol questionnaire; other of the development prescribed in VA Manual M21-1 50.45 has not been accomplished. The appellant
then obtain copies of the veteran's medical treatment records from those facilities. The dates of incarceration should also be ascertained. 4. The RO should follow the procedures set forth in M21-1, change
under 38 U.S.C. Chapter 31. 38 U.S.C. §§ 3102, 3104; 38 C.F.R. § 21.216; Opinion of the VA General Counsel, February 9, 1984. See VA's Veterans Benefits Administration (VBA) Manual M21-1, paragraph 300.06(
Part III, and § 7.53(c), Part VI, M21-1 (Authorization and Clerical Procedures to Veterans Benefits Manual M21-1, Adjudication Procedures.), the Division of Benefit Services, Office of Disability Operations
service connection for the aforementioned disorders is warranted. It is also requested that the case be remanded for development under the appropriate rules of of the Veterans Benefits Manual, M21-1, for
misconduct after October 1969 should not be used to demonstrate willful and persistent misconduct for the period of service prior to October 1969. Reference is made to the provisions of M21-1 (Adjudication
claims folder. Also, upon reviewing the evidentiary record, the Board observes that the RO did not follow the guidelines set out in M21-1, Section 50.45, change 475 in considering the appellant's claim
for Disability Evaluation Examinations (hereinafter, Physician's Guide) for recommended examination procedures. M21-1 Adjudication Procedure, 5503 (March 29, 1989). In this case, the representative has
contained a substantially equivalent nonregulatory standard for estab- lishing service connection for defective hearing. VA Manual M21-1, § 50.11. The veteran underwent electronic testing of hearing acuity
be furnished with all detailed information available from the record as provided in VA Manual M21-1. The appellant and his representative should be contacted to furnish additional details if necessary or
received from the United States Army and Joint Services Environmental Support Group, dated on May 9, 1990. Additionally, it was noted that the VA Adjudication Procedure Manual, M21-1, Part I, provisions
50.53 of M21-1. 2. VA Vocational Rehabilitation and Counseling folders pertaining to the veteran should be associated with the claims folder. See paragraph 23.10 of M21-1. 3. The RO should determine whether
of 38 U.S.C.A. § 1154(b) (West 1991) and the Department of Veterans Affairs (VA) Veterans Benefits Administration (VBA) Manual M21-1, paragraph 50.45. It was further noted that any BVA physician opinion
of this examination, a diagnosis of bilateral sensorineural hearing loss was made. Under instructions set forth in VA Manual M21-1, Section 50.07, Change 149 (December 23, 1976), the following is described
claims folder should be referred to the Director, Compensation and Pension Service for evaluation of visual efficiency, in accordance with M21-1, Part VI, § 7.09f. 2. The veteran should be afforded a complete
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