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Query: ("m21-1")
Special evidentiary procedures for PTSD claims based on personal assault were consequently established in February 1996 in VA's Adjudication Procedure Manual, M21-1 (M2
to a medical diagnosis." Id. (citing VA Adjudication Procedure Manual M21-1 (M21-1), Part III, 5.14c (8), (9)). The Court has also held that these provisions of M21-1, which provide special evidentiary
appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in Washington, DC THE ISSUES 1. Entitlement to service connection for a left knee disability. 2. Entitlement to service connection
Citation Nr: 0010781 Decision Date: 04/24/00 Archive Date: 05/04/00 DOCKET NO. 97-34 064 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Waco, Texas THE ISSUES 1. Entitlement
incurred in or aggravated by military service. 38 U.S.C.A. §§ 1110, 1153 (West 1991 & Supp. 2001); 38 C.F.R. §§ 3.104, 3.303, 3.304, 3.306 (1996)(2001); VA ADJUDICATION PROCEDURE MANUAL M21-1, Part
Procedure Manual M21-1 (Manual M21-1), Part III, paragraph 5.14c (Feb. 20, 1996), noting that such is a substantially expanded version of former Manual M21-1, Part III, paragraph 7.46c(2) (Oct. 11, 1995)
a) (West 1991). A well-grounded claim is a plausible claim that is meritorious on its own or capable of substantiation. Murphy v. Derwinski, 1 Vet. App. 78, 81 (1990). An allegation that a disorder is service
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 III, paragraph 7.47c(2) (Oct. 11, 1995)). Alternate
appeal from the Department of Veterans Affairs Regional Office in St. Louis, Missouri THE ISSUES 1. Entitlement to service connection for post-traumatic stress disorder (PTSD). 2. Entitlement to service
appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in Pittsburgh, Pennsylvania THE ISSUES 1. Entitlement to service connection for low back disability. 2. Entitlement to service connection
The VA Adjudication Procedure Manual 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
appeal from the Department of Veterans Affairs (VA) Regional Office and Insurance Center (RO) in Philadelphia, Pennsylvania THE ISSUES 1. Entitlement to service connection for hearing loss. 2. Entitlement
analysis of any issue is whether the appellant's claim is well-grounded; that is, whether it is plausible, meritorious on its own, or otherwise capable of substantiation. Murphy v. Derwinski, 1 Vet. App.
appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in Pittsburgh, Pennsylvania THE ISSUES 1. Entitlement to service connection for right ear hearing loss. 2. Evaluation of left ear
to the development of PTSD secondary to personal assault. VA ADJUDICATION PROCEDURE MANUAL M21-1, Part III, 5.14 (April 30, 1999) (hereinafter M21-1). Because assault is an extremely personal and sensitive
On appeal from the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUES 1. Entitlement to service connection for an acquired psychiatric disability, to include posttraumatic stress
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,
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
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
Manual, M21-1 Manual Rewrite, Part IV, subpart ii, 2.C.9 (Service Connection for Disabilities Resulting from Exposure to Asbestos) (hereinafter "M21-1MR, IV.2.ii.C.9."). In addition, an opinion by the
as those on which the Vietnam "brown water" Navy operated. VA Adjudication Procedure Manual M21-1MR (M21-1MR), M21-MR, pt. IV, subpt. ii, §1, ch. H, 28, "Considering Claims Based on Service Aboard Ships
hereinafter "M21-1MR, IV.2.ii.C.9."). In addition, an opinion by the VA General Counsel discussed the provisions of M21-1 regardin
On appeal from the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Entitlement to service connection for posttraumatic stress disorder (PTSD). 2. Entitlement
3.102, 3.159, 3.321, 3.326(a), 4.7, 4.10, 4.14, 4.40, 4.45, 4.59, 4.124a, Diagnostic Code 8513 (2017); M21 1.III.iv.4.N.5.b. 5. The Schedule For Rating Disabilities and the M21-1 do not permit a rating
disease (COPD) and non-small cell lung cancer is denied. Entitlement to service connection for the cause of the Veteran's death is denied. FINDINGS OF FACT 1. The Veteran did not serve in country or
the Vietnam Era. See VA Adjudication Procedures Manual, M21-1, Part IV.ii.1.H.5.b (herein M21-1). The M21-1 states that Compensation Service has determined that a special consideration of herbicide exposure
On appeal from the Department of Veterans Affairs Regional Office in Roanoke, Virginia THE ISSUES 1. Entitlement to service connection for a respiratory disorder, to include as a result of in-service
On appeal from the Department of Veterans Affairs Regional Office in Denver, Colorado THE ISSUES 1. Entitlement to service connection for asthma, to include as secondary to asbestos exposure. 2. Entitlement
Derwinski, 1 Vet. App. 122, 124 (1991); Stefl v. Nicholson, 21 Vet. App. 120, 124-25 (2007) (citing Colvin v. Derwinski, 1 Vet. App. 171, 175 (1991); see also Nieves-Rodriquez v. Peake, 22 Vet. App. 295,
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,
rate (MAPR) specified in 38 C.F.R. ง 3.23. See 38 U.S.C.A. ง 1521(a), (b); 38 C.F.R. ง 3.3(a)(3). The MAPR is published in Appendix B of VA Manual M21-1 MR (M21-1 MR) and is to be given the same
On appeal from the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Entitlement to an initial compensable rating for bilateral hearing loss. 2. Entitlement to
On appeal from the Department of Veterans Affairs Regional Office in Chicago, Illinois THE ISSUES 1. Entitlement to service connection for sleep apnea. 2. Entitlement to service connection for anxiety.
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, M21-1MR, which contains the same asbestos-related information as 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 VI, para. 7.21 (Oct.
See VA Adjudication Procedures Manual "Live Manual" (M21-1) part IV, subpt. ii, ch. 1, sec. H.5.a; VBA C&P Service Bulletin (May 2010). VA based this determination of evidence contained in a declassified
On appeal from the Department of Veterans Affairs Regional Office in Winston-Salem, North Carolina THE ISSUES 1. Entitlement to an initial compensable evaluation for tension headaches prior to December
See M21-1, Part IV, Subpart ii, Chap. 1, Sec. I, Para. 3 [hereinafter M21-1] (M21-1, IV.ii.1.I.3), entitled "Developing Claims for Service Connection for Asbestos-Related Diseases, and M21-1, IV.ii.2.C.2
M21-1 (M21-1), Part VI, § 7.21. In December 2005, M21-1, Part VI was rescinded and replaced with a new manual, M21-1MR, which contains the same asbestos-related information as M21-1, Part VI. The
tidal influence. M21-1 pt. IV, subpt ii. § 1.H.2.b (last accessed October 11, 2017). The revised M21-1 specifically lists Da Nang Harbor as offshore waters (blue-water Navy service). M21-1, pt. IV,
are published in tabular form in appendix B of Veterans Benefits Administration Manual M21-1 (M21-1) and are given the same force and effect as if published in the Code of Federal Regulations. 38 C.F.R.
that the Veteran worked on or near the airbase perimeter. See M21-1 at IV.ii.1.H.5.b. Thus, the AOJ followed the procedures set forth in M21-1 and obtained details from the Veteran on his alleged herbicide
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 forth
requires reopening of a claim upon the submission of new and material evidence, was not enacted until 1988 and did not become effective until September 1, 1989. See Pub. L. No. 101-687, § 103(a)(1) (Nov.
arose if claim is received within 1 year after separation from service; otherwise, date of receipt of claim, or date entitlement arose, whichever is later. 38 U.S.C.A. § 5110(b)(1); 38 C.F.R. § 3.400(
appeal from the Department of Veterans Affairs Regional Office in Los Angeles, California THE ISSUES 1. Entitlement to service connection for systemic lupus erythematosus. 2. Entitlement to service connection
in service, and these avenues must be investigated. The VA Adjudication Procedure Manual M21-1 (M21-1) provides that the required credible supporting evidence of a noncombat stressor may be obtained from
in effect, the Manual M21-1 PTSD provisions still specifically refer to the DSM-III-R. This version of the manual was adopted in 1987. See Manual M 21-1, PART VI, Para. 7.46(a) (1995) (sets forth detailed
appeal from the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Entitlement to service connection for residuals of stroke, to include paralysis of the left shoulder,
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