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Page 6 of 113278 results — searched 1210546
Query: ("m21-1")
found in DVB Circular 21-88-8, Asbestos- Related Diseases (May 11, 1988) (DVB Circular), included in a VA Adjudication Procedure Manual, M21-1 (M21- 1), Part VI, 7.21 VA administrative protocols set forth
or whether a preponderance of the evidence is against a claim, in which case, the claim is denied. See Gilbert v. Derwinski, 1 Vet. App. 49 (1990). I. The Merits of the Claim The appellant contends that
appeal from the Department of Veterans Affairs Regional Office in San Diego, California THE ISSUES 1. Whether new and material evidence has been received to reopen a service connection claim for an acquired
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). FINDINGS OF FACT 1. In an unappealed April 2000 decision,
VA Adjudication Procedure Manual, M21-1, part VI, para. 7.21 (January 31, 1997) (hereinafter "M21-1"). Also, an opinion by VA's Office of General Counsel discussed the development of asbestos claims. VAOPGCPREC
appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in Phoenix, Arizona THE ISSUES 1. Entitlement to an initial compensable evaluation for service-connected multiple scars of both legs.
Citation Nr: 0425847 Decision Date: 09/20/04 Archive Date: 09/29/04 DOCKET NO. 03-14 444 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Phoenix, Arizona THE ISSUES 1. Entitlement
Adjudication Procedure Manual M21-1 (M21-1), Part VI, 7.21 (Jan. 31, 1997); VBA Adjudication Procedure Manual M21-1 Manual Rewrite (M21-1 MR), Part IV, Subpart ii, Ch. 2, Section C, Topic 9 and Section
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 "personal
2005); Veterans Benefits Administration (VBA) Adjudication Procedure Manual M21-1 (M21-1), Part VI, 7.21 (Jan. 31, 1997); VBA Adjudication Procedure Manual M21-1 Manual Rewrite (M21-1 MR), Part IV, Subpart
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 that threatens or inflicts
resolving each such issue shall be given to the claimant. 38 U.S.C.A. § 5107 (West 2002); 38 C.F.R. § 3.102 (2005). In Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990), the United States Court of Appeals
may lead 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
9 Vet. App. 389, 395 (1996). The M21-1 provisions pertaining to PTSD are "the equivalent of [VA] regulations." Hayes v. Brown, 5 Vet. App. 60, 67 (1993). Inasmuch as the provisions of M21-1 have not been
obtaining verification of the alleged sexual assault in service, and these avenues must be investigated. The VA Adjudication Procedure Manual M21-1(M21-1) provides that the required credible supporting
Such a claim need not be conclusive but only possible to satisfy the initial burden of § [5107(a)]." Murphy v. Derwinski, 1 Vet. App. 78, 81 (1990). The Court has held that although a claim need not be
of the Case, or the Supplemental Statements 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.
of the VA Adjudication Procedure Manual M21-1, Part III, para. 5.14(c) (Feb. 20, 1996), or whether there was adequate compliance with such M21-1 provision. In Patton v. West, 12 Vet. App. 272, 279-80 (1999)
stressor "may be obtained from" service records or "other sources." M21-1, part VI, para. 7.46. In Patton v. West, 12 Vet.App. 272 (1999), the Court discussed the relevance of the above M21-1 provisions.
denied service connection for PTSD and depression. The case has since been transferred to the RO in Cleveland, Ohio. FINDINGS OF FACT 1. All evidence necessary for an equitable resolution of the issue on
has stated that she was sexually harassed during service by her superior officer. The Board notes that VA Adjudication Manual M21-1 (M21-1) Part III, 5.14(c) (February 20, 1996) provides that personal
d)(1)). (a) The Secretary shall treat an examination or 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
relationship by submitting another declaration of representation. However, it does not appear that he did so. FINDINGS OF FACT 1. The RO denied entitlement to service connection for a psychiatric condition
West, 11 Vet. App. 393, 398-99 (1998). The Board notes that M21-1, Part III, Chapter 5, has been rescinded and replaced, in relevant part, by M21-1MR, Part III, Subpart iv, Chapter 4, Section H30. See
M21-1 MR, Part IV, Subpart II, Chapter 2, Section C, para. 9 (c). M21-1 MR, Part IV, para. 9 (f) pertains to occupational exposure, and acknowledges that high exposure to asbestos and a high prevalence
inland waterway will be determined by drawing a straight line across each opening in the landmass leading to the open ocean. See VBA Manual M21-1, IV.ii.1.H.2.a.; see also VBA Manual M21-1, IV.ii.2.C.3.m.
for very frequent, but the VBA Manual M21-1 provides guidance regarding frequency of migraines as it applies to DC 8100. Specifically, the VBA Manual M21-1 states that the overall rating criteria
several guidelines for compensation 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
exposure information discussed above. M21-1MR, IV.ii.2.C.9.h. The Court has 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
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,
to conduct "whatever follow-up [development] is deemed necessary." In support of these requests, the Board referenced VBA Adjudication Procedure Manual, M21-1 (M21-1), Part III, ch. 4, para. 4.28. Also
first page of this decision. See 38 U.S.C.A. §§ 7104(b), 5108; see also Barnett v. Brown, 8 Vet. App. 1 (1995). Insofar as the Board's determination as to finality is favorable to the Veteran, he is
an examination is warranted to determine the etiology of the disability. See VA Adjudication Procedures Manual (M21-1), Part IV, Subpart ii, Chapter 1, Section I, Topic 3. The Veteran s DD Form 214
active duty. If so, the it must be determined whether there is a relationship between that exposure and the claimed disease. VA ADJUDICATION PROCEDURE MANUAL M21-1, Part IV, Subpart ii, Chapter 2, Section
to "otherwise near the air base perimeter" in the context of conceding herbicide exposure. See M21-1, Part IV, Subpart ii., Chapter 1, Section H.5. The Board notes that the M21-1 is not binding upon the
Circular have since been included in the VA Adjudication Procedure Manual, M21-1, part VI, para. 7.21 (Oct. 3, 1997) (hereinafter "M21-1"). Also, an opinion by the VA Office of General Counsel has discussed
attorney fee determination is a copy of a VA Adjudication Procedure Manual, M21-1 Manual Rewrite (M21-1MR), provision which pertains to release of attorney fees when there is a claimant death. VA ADJUDICATION
of service connection for the cause of the Veteran's death, to include whether there is clear and unmistakable error (CUE) in prior rating decisions, is denied. FINDINGS OF FACT 1. A September 2008 rating
as due to herbicide exposure, is denied. Entitlement to service connection for diabetes mellitus, type II, to include as due to herbicide exposure, is denied. FINDINGS OF FACT 1. Diabetes mellitus, type
for atrial fibrillation is denied. Entitlement to service connection for hypertension is denied. FINDINGS OF FACT 1. A July 2010 rating decision denied service connection for diabetes mellitus, type
is remanded. Entitlement to a total disability rating based upon individual unemployability (TDIU) is remanded. FINDINGS OF FACT 1. Throughout the period on appeal, the Veteran s bilateral lower
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. ง 3.159(b)(1). This notice should be provided prior to an
On appeal from the Department of Veterans Affairs Regional Office in Huntington, West Virginia THE ISSUES 1. Entitlement to service connection for colon cancer, to include as due to exposure to an herbicide
a veteran s exposure to herbicide agents in Thailand during the Vietnam Era. See VA Adjudication Procedures Manual, M21-1, Part IV, Subpart ii, Chapter 1, Section H.5 (herein M21-1. VA has determined
other joint owner). The rates of death pension benefits (MAPR) 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
1 provides information concerning claims for service connection for disabilities resulting from asbestos exposure. See M21-1, III.i.3.A.2.a. According to the M21-1, asbestos is a fibrous form
relevant provisions of the VA s Adjudication Procedure M21-1 (M21-1), the Veteran had revoked or retracted his withdrawal. The Board notes that the provisions set out in M21-1, III.ii.2.G.4.a., Processing
service connection for kidney disease is denied. Entitlement to service connection for hearing loss, tinnitus, and vertigo are dismissed. FINDINGS OF FACT 1. The Veteran s lung disability, including
On appeal from the Department of Veterans Affairs Regional Office in Indianapolis, Indiana THE ISSUES 1. Entitlement to service connection for bilateral hearing loss. 2. Entitlement to service connection
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
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