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December 2, 2021 update

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Page 3 of 113278 results — searched 1210550
Query: ("m21-1")
1998 and a Statement of the Case was issued in August 1998. A substantive appeal was filed in September 1998 with no hearing requested. FINDINGS OF FACT 1. The veteran has presented no competent evidence
and SOC, the Board construes the letter's contentions liberally, particularly in the circumstances of this case. 38 C.F.R. § 20.202 (1998); EF v. Derwinski, 1 Vet. App. 324 (1991). By the same token, the
whether the RO complied with M21-1, Part III, 1.03(a) (Change 50) (Feb. 23, 1996) and M21-1, Part VI, 2.10(f) (Change 48) (Aug. 5, 1996). The provisions of M21-1 Part VI, 2.10(f) provide that "the duty
the Board should determine whether the RO complied with M21-1, Part III, 1.03(a) (Change 50) (Feb. 23, 1996) and M21-1, Part VI, 2.10(f) (Change 48) (Aug. 5, 1996). The provisions of M21-1 Part VI, 2.10(
of the issues numbered 1, 5, 6, 7, and 12 above will be deferred pending completion of the development sought in the remand below.) FINDINGS OF FACT 1. The veteran does not have sleep apnea. 2. The veteran
or a medical diagnosis, competent medical evidence to the effect that the claim is plausible or possible is required. Murphy, 1 Vet. App. at 81. A claimant cannot meet this burden merely by presenting lay
appeal from the Department of Veterans Affairs Regional Office in Winston- Salem, North Carolina THE ISSUES 1. Entitlement to service connection for a skin disorder of the feet. 2. Entitlement to service
appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in Providence, Rhode Island THE ISSUES 1. Entitlement to service connection for coronary artery disease. 2. Entitlement to service
appeal from the Department of Veterans Affairs Regional Office in Huntington, West Virginia THE ISSUES 1. Entitlement to service connection for a back disability. 2. Entitlement to service connection for
involves medical causation or a medical diagnosis, competent medical evidence to the effect that the claim is plausible or possible is required. Murphy v. Derwinski, 1 Vet. App. 78, 81 (1990). A claimant
must be denied. The representative contends, in his appellate brief, that the Board should determine whether the RO complied with M21-1, Part III, 1.03(a) (Change 50) (Feb. 23, 1996) and M21-1, Part VI,
It has also been contended on the veteran s behalf that the Board should determine whether the RO complied with M21-1, Part III, 1.03(a) (Change 50) (Feb. 23, 1996) and M21-1, Part VI, 2.10(f) (Change
informal hearing presentation, that the Board should determine whether the RO complied with M21-1, Part III, 1.03(a) (Change 50) (Feb. 23, 1996) and M21-1, Part VI, 2.10(f) (Change 48) (Aug. 5, 1996). The
stressors, including examples of behavior changes [see Manual M21-1, Part VI, paragraph 11.38(c)(2) and Manual M21-1, Part III, paragraph 5.14(c)(8) (February 20, 1996)], as well as other alternative sources
under 38 C.F.R. § 20.901(d). And citing provisions of the Veterans Benefits Administration Manual M21-1, Part III, chap. 1. para. 1.03(a), and Part VI, chap. 2, para. 2.10(f) (1996), as equivalent to substantive
manual, Manual M21-1, considered retinitis pigmentosa as being of familial origin, thus, as existing prior to enlistment. M21-1 § 50.05d (1962). In a letter dated February 14, 1996, the Director of the
neurosensory hearing loss under the rating criteria for hearing loss then in effect. 3. In January 1986, the VA added paragraph 50.13b to the VA Adjudication Procedure Manual, M21-1, which specifically
claim for the benefit sought. Kent v. Nicholson, 20 Vet. App. 1 (2006). Also, the VCAA notice requirements apply to all five elements of a service connection claim. The five elements are: 1) veteran status
note, are the special provisions of VA Adjudication Procedure Manual M21-1 (M21-1), Part III, regarding personal assault. Notice of these have not been afforded the Veteran. M21-1 notes that: "Personal
these notices fully satisfied the duty to notify provisions. 38 U.S.C.A. § 5103(a); 38 C.F.R. § 3.159(b)(1); Quartuccio v. Principi, 16 Vet. App. 183, 187 (2002). The claimant was aware that it was ultimately
case. Please note this appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2008). 38 U.S.C.A. § 7107(a)(2) (West 2002 & Supp. 2008). FINDINGS OF FACT 1. At the time of the
Citation Nr: 0937576 Decision Date: 10/02/09 Archive Date: 10/14/09 DOCKET NO. 06-26 126 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Lincoln, Nebraska THE ISSUES 1. Entitlement
ง 7107(a)(2) (West 2002 & Supp. 2008). FINDINGS OF FACT 1. Bilateral hearing loss is not attributable to service. 2. Bilateral tinnitus is not attributable to service. CONCLUSIONS OF LAW 1. Bilateral
Circular have since been included in the VA Adjudication Procedure Manual, M21-1, part VI, para. 7.21 (January 31, 1997) (hereinafter "M21-1"). In addition, an opinion by the VA General Counsel discussed
as to the adequacy of the June 2001 examination report. First, VA's internal procedures, as set forth in the VA Adjudication Procedure Manual M21- 1 (M21-1), provide: Although Veterans Service Center employees
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 M21-1 guidelines
Citation Nr: 0907847 Decision Date: 03/04/09 Archive Date: 03/12/09 DOCKET NO. 05-39 260 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Detroit, Michigan THE ISSUES 1. Entitlement
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(a), (b), & (c) are not substantive in nature, but
the claimant about the information and evidence that the claimant is expected to provide. In addition, the claimant was provided notice regarding asbestos exposure as required by M21-1, Part VI, para. 7.21.
the DVB 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
Wood v. Derwinski, 1 Vet. App. 190, 193 (1991) (reconsideration denied, 1 Vet. App. 406 (1991)). In Wood v. Derwinski, 1 Vet. App. 190, 193 (1991) the Court noted that this was particularly true where "[t
Citation Nr: 0836021 Decision Date: 10/21/08 Archive Date: 10/27/08 DOCKET NO. 07-02 888 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Atlanta, Georgia THE ISSUES 1. Whether
not of record (1) that is necessary to substantiate the claim; (2) that VA will seek to provide; and (3) that the claimant is expected to provide. 38 C.F.R. § 3.159(b)(1); Quartuccio v. Principi, 16 Vet.
to claims for PTSD based on sexual assault. In particular, the Court held that the provisions in M21-1MR, Part III, 5.14(c) (rescinded and replaced, in relevant part, by M21-1MR, Part III, Subpart iv, Chapter
appeal from the Department of Veterans Affairs Regional Office in Huntington, West Virginia THE ISSUES 1. Entitlement to service connection for a lung disorder, to include as due to asbestos exposure. 2.
38 U.S.C.A. งง 1101, 1110, 1131 (West 2002 & Supp. 2006); 38 C.F.R. งง 3.303, 3.304 (2007); M21-1, Part VI, 7.21; DVB Circular 21-88-8, Asbestos-Related Diseases (May 11, 1988); VAOPGCPREC 4-00.
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(a), (b), & (c)
from the Department of Veterans Affairs Regional Office in San Juan, the Commonwealth of Puerto Rico THE ISSUES 1. Entitlement to service connection for tinnitus. 2. Entitlement to service connection for
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 M21-1 guidelines
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 M21-1 guidelines were set forth at M21-1, Part
Citation Nr: 0535072 Decision Date: 12/29/05 Archive Date: 01/10/06 DOCKET NO. 97-25 009 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUES 1. Entitlement
for service connection for PTSD. Specifically, the RO must consider all of the special provisions of VA Adjudication Procedure Manual M21-1 (M21-1), Part III, regarding personal assault. M21-1 notes that:
Citation Nr: 0533892 Decision Date: 12/15/05 Archive Date: 12/30/05 DOCKET NO. 97-03 623A DATE ) On appeal from the Department of Veterans Affairs Regional Office in Waco, Texas THE ISSUES 1. Entitlement
Citation Nr: 0731629 Decision Date: 10/05/07 Archive Date: 10/16/07 DOCKET NO. 04-02 197 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Portland, Oregon THE ISSUES 1. Entitlement
for PTSD. Specifically, the RO must consider all of the special provisions of VA Adjudication Procedure Manual M21-1 (M21-1), Part III, regarding personal assault. M21-1 notes that "personal assault is
determine whether military records demonstrate evidence of asbestos exposure in service (see M21-1, Part III, par. 5.13(b); M21-1, Part VI, par. 7.21(d)(1)); (2) determine whether there was pre-service
this appeal on the basis of the evidence already on file. See 38 C.F.R. § 20.704(e) (2005). FINDINGS OF FACT 1. The RO has undertaken the appropriate measures to apprise the veteran of the procedures under
REMAND portion of the decision below and is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. FINDINGS OF FACT 1. A January 2001 rating decision declined to reopen a claim of
38 C.F.R. § 20.704. The case was remanded in August 2004 and has now been returned for further appellate consideration. FINDINGS OF FACT 1. The veteran died in August 2000 due to chronic obstructive pulmonary
with the precise language outlined in ง 3.159(b)(1) would be redundant. The absence of such a request is unlikely to prejudice her, and thus, the Board finds this to be harmless error. VAOPGCPREC 1-04
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