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December 2, 2021 update

October 2021 Board of Veterans' Appeals decisions are now available in BVA Decision Search results

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Page 4 of 113278 results — searched 1210550
Query: ("m21-1")
for post- traumatic stress disorder. 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
appeal from the Department of Veterans Affairs Regional Office in New Orleans, Louisiana THE ISSUES 1. Entitlement to service connection for a right ankle condition, to include as secondary to a seizure
This type of hearing is often called a travel Board hearing. A transcript of that proceeding is of record. FINDINGS OF FACT 1. The veteran had active naval service from November 1945 to October 1949 and
appeal at this juncture is not prejudicial error. The Court in Pelegrini II also held that VCAA notice must: (1) inform the claimant about the information and evidence not of record that is necessary to
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 an event of human design
claimed disease, keeping in mind the latency 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
appeal from the Department of Veterans Affairs Regional Office in Los Angeles, California THE ISSUES 1. Entitlement to service connection for cause of the veteran's death, claimed as due to asbestos exposure.
Citation Nr: 0509080 Decision Date: 03/25/05 Archive Date: 04/01/05 DOCKET NO. 00-14 630 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Lincoln, Nebraska THE ISSUES 1. Whether
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 an event of human design
appeal from the Department of Veterans Affairs Regional Office in Columbia, South Carolina THE ISSUES 1. Entitlement to service connection for trapezius muscle strain. 2. Entitlement to service connection
to his failure to prosecute the claim by submitting requested evidence was supported by the evidence then of record, and was consistent with the applicable law, regulations and VA Manual M21-1 provisions
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 were set
M21-1, Part IV, Chapter 16. Normally, medical expenses are allowed as a deduction after the fact, based on the report of expenses actually paid. These are called "Nonrecurring Medical Expenses." M21-1,
claimed disease, keeping in mind the latency 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
August 1992 recommended that the veteran shave 3 times per week with a razor leaving a stubble not to exceed 1/4 inch. This recommendation expired on September 1992. It was noted that this was not a permit
The Board is required to remand this issue to the RO for the issuance of a statement of the case. Manlincon v. West, 12 Vet. App. 238 (1999). FINDINGS OF FACT 1. All evidence necessary to decide the claim
1, Part III, Paragraphs 4.23, 4.25, 4.29 (Change 88, February 27, 2002). A "partial list" of "alternate documents that might substitute for service medical records" is set forth in M21-1: VA military files
1, Part IV, directs the ROs to provide expeditious handling of all cases that have been remanded by the Board and the Court. See M21-1, Part IV, paras. 8.44-8.45 and 38.02-38.03. S. KELLER Veterans Law
1110, 1153 (West 2002); 38 C.F.R. §§ 3.104, 3.303, 3.304, 3.306 (2002); VA ADJUDICATION PROCEDURE MANUAL M21-1, Part III, 5.14 (April 30, 1999). REASONS AND BASES FOR FINDINGS AND CONCLUSION At the outset,
assault. In the absence of any verification of the claimed in-service stressor, or of any of the characteristics listed in the special provisions that apply to such cases in M21-1, Part III, 5.14c, there
that follows reopens the veteran's claim for service connection for a psychiatric disorder, to include PTSD, and that claim is the subject of a remand appended to the decision. FINDINGS OF FACT 1. The RO
appeal from the Department of Veterans Affairs Regional Office in No. Little Rock, Arkansas THE ISSUES 1. Entitlement to service connection for a chronic seizure disorder. 2. Entitlement to service connection
428, 432-33 (1993). Likewise, applicable criteria provide no presumption of service connection for asbestos exposure claims. Dyment v. West, 13 Vet. App. 141, 145 (1999) (holding that M21-1 does not create
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(f) provide
a well-grounded claim ); M21-1, Part VI, 2.10(f) (discussed, supra); compare M21-1, Part III, 2.01(c) (during initial screening stage of claims processing, the RO shall review all applications and evidence
v. Brown, 9 Vet. App. 389, 394-95 (1997); 38 C.F.R. § 3.304(f) (1998); see also VA ADJUDICATION PROCEDURE MANUAL M21-1 (MANUAL M21-1), Part VI, 11.38 (Aug. 26, 1996) (reiterating the three PTSD service-
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(f) provide that
grounded. 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(
1997); Moreau v. Brown, 9 Vet. App. 389, 394-95 (1997); 38 C.F.R. § 3.304(f) (1998); see also VA ADJUDICATION PROCEDURE MANUAL M21-1 (MANUAL M21-1), Part VI, 11.38 (Aug. 26, 1996) (reiterating the three
evidence. See Cohen v. Brown, 10 Vet. App. 128 (1997); Moreau v. Brown, 9 Vet. App. 389 (1996); and Dizoglio v. Brown, 9 Vet. App. 163, 166 (1996). The VA Adjudication Manual M21-1 (M21-1) provides that
the-doubt doctrine, and contends that, if the Board finds the claim not well grounded, then it should determine whether the RO complied with certain development procedures provided by M21-1. DECISION OF
that if the Board finds that any claim is not well grounded, then the Board should determine whether the RO followed certain provisions of M21-1. DECISION OF THE BOARD The Board, in accordance with the
v. Brown, 4 Vet. App. 502, 505 (1993); Tirpak v. Derwinski, 2 Vet. App. 609, 610 (1992); Murphy v. Derwinski, 1 Vet. App. 78, 81 (1990). The three elements of a well grounded claim are: (1) evidence
opinion as being necessary to make a decision on a claim for purposes of paragraph (1) [38 U.S.C.A. § 5103A(d)(1)] if the evidence of record before the Secretary, taking into consideration all information
of alternate sources of evidence. See VA Adjudication Procedure Manual M21-1 (hereinafter Manual M21-1), Part III, paragraph 5.14c (Feb. 20, 1996) (substantially enlarging on the former Manual M21- 1, Part
personal assault. This letter provides various examples of such sources. See M21-1, Part III, para. 5.14c(4); M21-1, Part III, Exhibit B.11. While the M&ROC generally requested the veteran to provide more
for development of alternate sources of evidence. See Manual M21-1, Part III, paragraph 5.14c (Feb. 20, 1996) (substantially enlarging on the former Manual M21-1, Part III, paragraph 7.47c(2) (Oct. 11,
VBA), Adjudication Procedure Manual, M21-1, reflects that service departments and other Federal agencies grant monetary benefits to veterans because of disability or length of service. See Manual M21-1,
Citation Nr: 0023189 Decision Date: 08/31/00 Archive Date: 09/05/00 DOCKET NO. 97-11 944 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Waco, Texas THE ISSUES 1. Entitlement
M21-1 (M21-1) provides that the required "credible supporting evidence" of a noncombat stressor "may be obtained from" service records or "other sources." M21-1, part VI, 7.46. In Patton v. West, 12 Vet.
for PTSD due to personal assault based on alternate sources of evidence. See VA Adjudication Procedure Manual M21-1 (hereinafter M21-1), Part III, paragraph 5.14c (Feb. 20, 1996) (substantially enhancing
of in-service trauma may find it difficult to produce evidence to support the occurrence of the stressor. VA Adjudication Procedure Manual M21-1 (M21-1), Part III, § 5.14(c)(2). See also Manual 21-1, Part
Finally, the veteran appears to be raising a claim for a total disability rating based on individual unemployability. This issue is referred to the RO for appropriate action. FINDINGS OF FACT 1. The veteran's
of Veterans Affairs (VA) Adjudication Procedure Manual M21-1 (Manual M21-1), Part III, para. 5.14c (Feb. 20, 1996), and are a substantially expanded version of former Manual M21-1, Part III, para. 7.46c(
appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in Winston-Salem, North Carolina THE ISSUES 1. Entitlement to service connection for neck disability and right shoulder disability.
See Patton v. West, 12 Vet. App. 272 (1999). In this regard, the Court noted that VA's Adjudication Procedure Manual M21-1 (Manual M21-1), Part III, 5.14(c) provides very specific requirements for assisting
Court") has held that provisions in the VA Adjudication Procedure Manual M21-1 (Manual M21-1) regarding PTSD and personal assault claims are substantive rules, with the equivalent weight of VA regulations.
the statement of the case that the provisions of M21-1, Part III, 5.14 (c), especially M21-1, Part III, 5.14 (c)(7) were considered in reaching a determination in this case. The Board finds that this claim
appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in Providence, Rhode Island THE ISSUES 1. Entitlement to service connection for post-traumatic stress disorder (PTSD). 2. Entitlement
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 to assist will prevail while
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