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October 9, 2020 update

July 2020 Board of Veterans' Appeals decisions are now available in BVA Decision Search results

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Page 1 of 113278 results — searched 1210554
Query: ("m21-1")
119 (1993), the appellant's attorney was provided a copy of General Counsel's Precedent Opinion 9-94, dated March 25, 1994, and pertinent provisions of the M21-1 Manual, and allowed 60 days in which to
Citation Nr: 19129152 Decision Date: 04/15/19 Archive Date: 04/15/19 DOCKET NO. 17-20 443 DATE: April 15, 2019 ORDER 1. The application to reopen the claim of entitlement to service connection
was found to have been exposed, based on the criteria outlined in the M21-1. See, M21-1, Part IV., Subpart ii., Chapter 1., Section H., Topic 5., paragraph b. Accordingly, the Veteran is invited to submit
claims based on asbestos exposure M21 1,VBA Adjudication Procedure Manual M21 1, part IV, Subpart ii, Ch 2, Section C (November 4, 2016). In this regard, the M21-1 provides the following non-exclusive list
Citation Nr: 1815225 Decision Date: 03/09/18 Archive Date: 03/19/18 DOCKET NO. 14-01 266 DATE THE ISSUES 1. Entitlement to an increased disability evaluation for degenerative joint disease,
of the veteran's case in large part involves a further search for service records. To this end, we stress that compliance with the provisions of the VA Adjudication Procedure Manual M21-1 (M21-1), Part
neurosis, to include as an undiagnosed illness resulting from service in Southwest Asia during the Persian Gulf War, is remanded. FINDINGS OF FACT 1. An unappealed June 2009 rating decision denied
that the Board failed to address the definition of normal hearing as prescribed by VA s April 1970 M21-1 Adjudication Procedures Manual (M21-1), ¶50.07a (1970) or the necessity of conversion from International
6, 2019 ORDER Service connection for right ear hearing loss is denied. Service connection for tinnitus is denied. FINDINGS OF FACT 1. The Veteran s right ear hearing loss is not linked
for why it finds the M21-1 an accurate guideline for its decision. Id. The Board finds that the M21-1 provisions regarding asbestos exposure provide an accurate guideline for assisting the Board in
to include forwarding VA s standardized claim form to the Veteran. 38 C.F.R. § 19.9 (b) FINDINGS OF FACT 1. The Veteran did not serve in an area in which exposure to herbicide agents may be presumed
is denied. Entitlement to Dependency and Indemnity Compensation (DIC) under the provisions of 38 U.S.C. § 1318 is denied. FINDINGS OF FACT 1. The Veteran died in July 2011; the death certificate
10, 2019 ORDER Service connection for the cause of the Veteran's death is denied. FINDINGS OF FACT 1. The Veteran died in October 1982. The death certificate lists the cause of death as bronchopneumonia
1, 2006, on behalf of his second dependent spouse. CONCLUSIONS OF LAW 1. The requirements for entitlement to an earlier effective date prior to March 1, 2006, for additional compensation for dependents
On appeal from the Department of Veterans Affairs Regional Office in Nashville, Tennessee THE ISSUES 1. Entitlement to service connection for a heart disability with a pacemaker. 2. Entitlement
by the Agency of Original Jurisdiction (AOJ). Therefore, the Board does not have jurisdiction over them, and they are referred to the AOJ for appropriate action. FINDINGS OF FACT 1. Neither the claimed
On appeal from the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Whether new and material evidence has been received to reopen a claim for service connection
On appeal from the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUES 1. Entitlement to service connection for a low back disability (claimed as bad back from injury from US
On appeal from the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUES 1. Entitlement to service connection for degenerative disc disease of the lumbosacral spine. 2. Entitlement
development procedures). The procedures regarding development of asbestos-related claims are specified in VA Adjudication Procedure Manual, M21-1 Manual Rewrite, subpart ii (compensation), 1.H.29 (Developing
On appeal from the Department of Veterans Affairs Regional Office in Manchester, New Hampshire THE ISSUES 1. Whether new and material evidence has been received to reopen a claim of entitlement to service
and instructions from the DVB Circular were included in the VA Adjudication Procedure Manual, M21-1 (M21-1), Part VI, § 7.21. In December 2005, M21-1, Part VI was rescinded and replaced with a new manual,
Assistance Act of 2000 (VCAA) VA must inform a claimant of information and medical or lay evidence (1) needed for claim substantiation; (2) that VA will seek to provide; and (3) that the claimant is expected
The procedures regarding development of asbestos-related claims are specified in VA Adjudication Procedure Manual, M21-1 Manual Rewrite, subpart ii (compensation), 1.H.29 (Developing Claims for Service
and exposure information found at M21-1, Part III, par. 5.13(a) (see M21-1, Part VI, par. 7.21(d)(1) (October 3, 1997)). In this regard, the M21-1 provides the following non-exclusive list of asbestos
On appeal from the Department of Veterans Affairs Regional Office in Muskogee, Oklahoma THE ISSUES 1. Entitlement to service connection for a bilateral fungal foot disorder. 2. Entitlement to service
On appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in Huntington, West Virginia THE ISSUES 1. Entitlement to service connection for chronic obstructive pulmonary disease (COPD)
On appeal from the Department of Veterans Affairs Regional Office in Atlanta, Georgia THE ISSUES 1. Entitlement to service connection for a kidney disorder. 2. Entitlement to service connection
the Board notes there are no laws or regulations specifically dealing with asbestos and service connection. However, the VA Adjudication Procedure Manual, M21-1 (M21-1), and opinions of the United States
On appeal from the Department of Veterans Affairs Regional Office in Winston-Salem, North Carolina THE ISSUES 1. Entitlement to service connection for hepatitis-C infection. 2. Entitlement to service
On appeal from the Department of Veterans Affairs Regional Office in New Orleans, Louisiana THE ISSUES 1. Entitlement to an initial rating in excess of 50 percent for post-traumatic stress disorder
the provisions of 38 U.S.C.A. § 5104(b) (West 1991) and Veterans Benefits Administration (VBA) M21-1 Adjudication Manual M21-1, Part III, Paragraph 5.14c (Feb. 20, 1996) (Change 49); however, the error
and instructions from the DVB Circular were included in the VA Adjudication Procedure Manual, M21-1 (M21-1), Part VI, para. 7.21. In December 2005, M21-1, Part VI was rescinded and replaced with a new
DVB Circular). The information and instructions from the DVB Circular are incorporated in the VA Adjudication Procedure Manual, M21-1 (M21-1), Part VI, 7.21. The provisions of M21-1, Part VI, par. 7.21(
On appeal from the Department of Veterans Affairs Regional Office in Louisville, Kentucky THE ISSUES 1. Entitlement to service connection for an acquired psychiatric disorder, to include anxiety and
demonstrate evidence of asbestos exposure in service (M21-1, Part III, par. 5.13(b); M21-1, Part VI, par. 7.21(d)(1)); determine whether there was pre-service and/or post-service evidence of occupational
On appeal from the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Entitlement to service connection for an eye disorder, to include as due to asbestos exposure.
found that provisions in former paragraph 7.68 (predecessor to M21-1MR, IV.ii.2.C.9.f-g cited above) of VBA Manual M21-1, Part VI, did not create a presumption of exposure to asbestos. Dyment v. West,
Circular were included in a VA Adjudication Procedure Manual, M21-1 (M21- 1), Part VI, para. 7.68 (Sept. 21, 1992). Subsequently, the M2-1 provisions regarding asbestos exposure were amended. The new
On appeal from the Department of Veterans Affairs Regional Office in Portland, Oregon THE ISSUES 1. Entitlement to service connection for coronary artery disease (CAD), to include as secondary to
Manual, M21-1 (M21-1), Part VI, 7.21. The provisions of M21-1, Part VI, par. 7.21(a), (b), & (c) are not substantive in nature, but relevant factors discussed by them must be considered by the Board
sexual assault. In particular, the Court held that the provisions in the VA Adjudication Manual, M21-1MR, Part III, 5.14(c) (rescinded and replaced, in relevant part, by M21-1MR, Part III, Subpart iv,
On appeal from the Department of Veterans Affairs Regional Office in Boston, Massachusetts THE ISSUES 1. Entitlement to service connection for asbestos-related lung disease. 2. Entitlement to service
On appeal from the Department of Veterans Affairs Regional Office in Lincoln, Nebraska THE ISSUES 1. Entitlement to service connection for the cause of the Veteran's death. 2. Entitlement to service
and informed the Veteran of her and VA's respective responsibilities in obtaining such evidence. In addition, the Veteran was provided notice regarding asbestos exposure as required by M21-1, Part VI,
VA Manual M21-1 and are to be given the same force and effect as published in VA regulations. 38 C.F.R. § 3.21 (2009). Effective December 1, 2007, and December 1, 2008, the maximum annual rate of
in the veteran's possession that pertains to the claim. See 38 C.F.R. ง 3.159(b)(1).) With respect to the new and material evidence claims, in Kent v. Nicholson, 20 Vet. App. 1 (2006), the Court
On appeal from the Department of Veterans Affairs Regional Office in Manila, the Republic of the Philippines THE ISSUES 1. Entitlement to service connection for diabetes mellitus, type 2, to include
for the establishment of basic eligibility to Dependents' Educational Assistance (DEA) is remanded. FINDINGS OF FACT 1. The Veteran withdrew his appeal for a skin disorder due to circumcision in a May
to an initial compensable rating for bilateral hearing loss is remanded. FINDINGS OF FACT 1. Although the Veteran was most likely exposed to asbestos during active service, he does not have a respiratory
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