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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 7 of 113278 results — searched 1210550
Query: ("m21-1")
FINDINGS OF FACT 1. A current lung or pulmonary disorder is not shown. 2. At worst, the Veteran has level I hearing loss bilaterally (i.e., in each ear). CONCLUSIONS OF LAW 1. It is not shown the
from the DVB Circular have been included in a VA Adjudication Procedure Manual, M21-1 (M21- 1), Part VI, 7.21. The Court has held that VA must analyze an appellant's claim to entitlement to service connection
this appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2012). See 38 U.S.C.A. § 7107(a)(2) (West 2002). FINDINGS OF FACT 1. All notification and development action
On appeal from the Department of Veterans Affairs Regional Office in Waco, Texas THE ISSUES 1. Entitlement to service connection for a respiratory disability, to include as due to asbestos exposure.
Diseases (May 11, 1988). The information and instructions contained in the DVB Circular were later included in the VA Adjudication Procedure Manual, M21-1, part VI, para. 7.21 (Oct. 3, 1997) (M21-1). Subsequently,
was subsumed verbatim as § 7.21 of Adjudication Procedure Manual, M21-1, Part VI. (This has now been reclassified in a revision to the Manual at M21-1MR, Part IV, Subpart ii, Chapter 2, Section C). See
contained in the DVB Circular were later included in the VA Adjudication Procedure Manual, M21-1, part VI, para. 7.21 (Oct. 3, 1997) (M21-1). Subsequently, an opinion by the VA General Counsel discussed
38 C.F.R. § 20.900(c) (2011). 38 U.S.C.A. § 7107(a)(2) (West 2002). FINDINGS OF FACT 1. The competent and credible evidence fails to demonstrate that the Veteran's COPD is related to his active duty
VHA) regarding medical questions presented in this case. A July 2012 VHA opinion was received by the Board, and a copy of the VHA opinion was provided to the Veteran. FINDINGS OF FACT 1. All notification
On appeal from the Department of Veterans Affairs Regional Office in Cleveland, Ohio THE ISSUES 1. Entitlement to service connection for hearing loss. 2. Entitlement to service connection for pes
Vet. App. 428 (1993). The RO wrote the Veteran in February 2009 in accordance with a DVB Circular and the M21-1 guidelines regarding his claimed exposure to asbestos while in service, as well as prior
On appeal from the Department of Veterans Affairs Regional Office in Louisville, Kentucky THE ISSUES 1. Entitlement to service connection for bilateral hearing loss. 2. Entitlement to service connection
with the Veteran prevailing in either event, or whether a preponderance of the evidence is against the claims, in which case, the claims are denied. See Gilbert v. Derwinski, 1 Vet. App. 49 (1990). I.
On appeal from the Department of Veterans Affairs Regional Office in Oakland, California THE ISSUES 1. Entitlement to service connection for asbestosis. 2. Entitlement to service connection for a
On appeal from the Department of Veterans Affairs Regional Office in Nashville, Tennessee THE ISSUES 1. Entitlement to service connection for diabetes mellitus, Type II, (DM II), to include as secondary
further in the body of the Remand above) in accordance with the M21-1. See M21-1, Part IV, Subpart ii, Chapter 1, Section H.7.a. The AOJ is informed that this includes, if necessary, submitting multiple
On appeal from the Department of Veterans Affairs Regional Office in Lincoln, Nebraska THE ISSUES 1. Entitlement to service connection for a thyroid disorder/Graves' disease, to include as due to exposure
in M21-1, Part IV, Subpart ii, Chapter 1, Section I, paragraph 6, subparagraph f, including furnishing the VA examiner all appendices shown in M21-1, Part IV, Subpart ii, Chapter 1, Section I, paragraphs
On appeal from the Department of Veterans Affairs Regional Office in Waco, Texas THE ISSUES 1. Entitlement to service connection for diabetes mellitus, to include as due to herbicide exposure. 2. Entitlement
Procedures Manual ("Manual"), M21-1, Part IV, Subpart ii, Chap. 1, Sec. I., Para. 3 (August 7, 2015) (hereinafter "M21-1"). Also, an opinion by VA's Office of General Counsel discussed the development
and cancers of the gastrointestinal tract. See M21-1 MR, part IV, Subpart ii, Chapter 2, Section C, 9 (b). The M21-1 MR also provides the following non-exclusive list of occupations that have higher incidents
and contains clear findings. Stefl v. Nicholson, 21 Vet. App. 120 (2007); Nieves-Rodriguez v. Peake, 22 Vet. App. 295 (2008). Moreover, VA satisfied the DVB Circular and M21-1, Part IV requirements by
performance evaluation reports, or other credible evidence, herbicide exposure is to be conceded on a direct/fact-founds basis. See M21-1, part IV, subpt. ii, ch. 1, sec. H.5.b. The M21-1 provides further
On appeal from the Department of Veterans Affairs Regional Office in Waco, Texas THE ISSUES 1. Entitlement to service connection for tuberculosis exposure. 2. Entitlement to service connection for
and instructions from the DVB Circular have been included in a VA Adjudication Procedure Manual, M21-1 (M21- 1), Part VI, 7.21. The Court has held that VA must analyze an appellant's claim of entitlement
as § 7.21 of Adjudication Procedure Manual, M21-1, Part VI. (This has now been reclassified in a revision to the Manual at M21- 1MR, Part IV, Subpart ii, Chapter 2, Section C.) See also VAOPGCPREC 4-00
On appeal from the Department of Veterans Affairs Regional Office in Oakland, California THE ISSUES 1. Entitlement to service connection for an enlarged heart (heart disorder). 2. Entitlement to service
in locations excluding Vietnam or the Korean DMZ or Thailand. See M21-1, Part IV, Subpart ii, Chapter 1, Section H, Topic 7, Block a (November 21, 2016). Step 1 of the M21-1 table states that the AOJ
was shown to be a metastasis of his bladder cancer, the claim remains deferred and unadjudicated by the RO, pending the outcome of the appeal for service connection for PTSD. FINDINGS OF FACT 1. The
On appeal from the Department of Veterans Affairs Regional Office in Lincoln, Nebraska THE ISSUES 1. Entitlement to service connection for diabetes mellitus, type II, to include as due to exposure to
is excessive for any claimant who has an estate of $80,000 or greater. See VBA Manual M21-1, V.iii.1.J.4.b. A number of variables must be taken into consideration when making a net worth determination
On appeal from the Department of Veterans Affairs Regional Office in Muskogee, Oklahoma THE ISSUES 1. Entitlement to service connection for chronic obstructive pulmonary disease (COPD) with interstitial
On appeal from the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUES 1. Entitlement to service connection for type II diabetes mellitus, including as due to exposure to
On appeal from the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUES 1. Whether new and material evidence has been received to reopen a claim of entitlement to service connection
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. 3,
information and evidence 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. ง 3.159(b)(1). This
On appeal from the Department of Veterans Affairs Regional Office in Cleveland, Ohio THE ISSUES 1. Entitlement to an effective date earlier than July 15, 2008, for service connection for migraine headaches.
appeal from the Department of Veterans Affairs (VA) Regional Office in Columbia, South Carolina THE ISSUES 1. Entitlement to service connection for a psychiatric disorder, to include major depressive disorder.
M21-1, Part III, 5.14(c)(9); 12 Vet. App. 272 at 281. Here, the record indicates that attempts to obtain corroborating evidence of the veteran's alleged stressors, as outlined in M21-1, Part III, 5.14(
assault, which are contained in VA ADJUDICATION PROCEDURE MANUAL M21-1, Part III, 5.14, are complied with. In completing the actions requested on remand, the RO also should comply with the relevant M21-
appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in Winston-Salem, North Carolina THE ISSUES 1. Entitlement to an increased rating for the service- connected postoperative residuals
assist in the development of the claim. 38 U.S.C.A. § 5107; Murphy v. Derwinski, 1 Vet.App. 78 (1990). In order to show that a claim is well-grounded, there must be competent evidence of (1) a current
stressor (West, supra), differs somewhat from the standard that the Court had set forth in Doran v. Brown, 6 Vet.App. 283, 289 (1994). Doran held that the MANUAL M21-1 statement that the [s]ervice
occupational or other asbestos exposure, and determine whether there is a relationship between asbestos exposure and the claimed disease. M21-1 MR, Part IV, Subpart ii, Chapter 1, Section H, Topic 29; DVB
appeal from the Department of Veterans Affairs Regional Office in St. Louis, Missouri THE ISSUES 1. Entitlement to service connection for emphysema with bronchitis (claimed as a lung disorder), to include
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. An August 1998 RO rating decision, which denied
appeal from the Department of Veterans Affairs Regional Office in Philadelphia, Pennsylvania THE ISSUES 1. Entitlement to service connection for the cause of the Veteran's death. 2. Entitlement to dependency
and cancers of the gastrointestinal tract. See M21-1 MR, part VI, Subpart ii, Chapter 2, Section C, 9 (b). The M21-1 MR also provides the following non-exclusive list of occupations that have higher incidents
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, M21-1MR, which contains
b); Quartuccio v. Principi, 16 Vet. App. 183 (2002). Proper notice from VA must inform the claimant of any information and evidence not of record (1) that is necessary to substantiate the claim; (2) that
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