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Page 8 of 113278 results — searched 1210546
Query: ("m21-1")
Id. The Board notes that the DVB circular was subsumed verbatim as § 7.21 of VA Manual ADMIN21 (M21-1). Subsequently, VA has reorganized and revised this manual into its current electronic form M21-1MR.
the veteran failed to appear for this hearing, and no motion to reschedule was filed. As such, the veteran's request for a Board hearing is deemed withdrawn. FINDINGS OF FACT 1. The evidence does not establish
appeal from the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Entitlement to service connection for asbestos-related pulmonary disability. 2. Entitlement to service
appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in Muskogee, Oklahoma THE ISSUES 1. Entitlement to service connection for chronic obstructive pulmonary disease (COPD), claimed as
the DVB Circular have been 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 In December 2005, M21-1, Part VI was rescinded and replaced with a new manual, M21-1MR. The
1, 2003, was proper. 2. Whether the severance of service connection for the veteran's arteriosclerotic heart disease, effective as of November 1, 2003, was proper. REPRESENTATION Appellant represented by:
the prostate), 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
that, pursuant to 38 U.S.C.A. § 1311(a) and the table contained in Appendix B of the Veterans Benefits Administration Manual M21-1 (the M21-1), the appellant was entitled, as of September 1, 2002, to a
of the veteran's pension. Thereafter, the case was returned to the Board for further appellate consideration. FINDINGS OF FACT 1. In January 1983, the Veterans Administration (now the Department of Veterans
claims based on exposure to asbestos. The information 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
National Guard service. These attempts must comply with the instructions set forth in the Veterans Benefits Administration (VBA) Adjudication Procedure Manual, M21-1, Part III, Chapter 4, entitled "Requests
appeal from the Department of Veterans Affairs Regional Office in Indianapolis, Indiana THE ISSUES 1. Whether new and material evidence has been submitted to reopen the previously denied claim of entitlement
appeal from the Department of Veterans Affairs Medical and Regional Office Center in Wichita, Kansas THE ISSUES 1. Whether a rating decision in April 1986, which denied entitlement to service connection
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 procedures for PTSD claims based on personal
6 Vet. App. 91, 98 (1993). In these types of cases, special development procedures for non-combat stressors are required pursuant to VA's ADJUDICATION PROCEDURE MANUAL (the M21-1) in order to provide 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. Manual M21-1, part VI,
development procedures are required pursuant to the M21-1. 38 C.F.R. § 3.304(d), (f); VA ADJUDICATION PROCEDURE MANUAL M21-1, Part III, Section 5.14(c) (Feb. 20, 1996). Although the appellant provided
being performed. Citing the requirements set forth in VA ADJUDICATION PROCEDURE MANUAL M21-1 (M21-1) with respect to the development of the evidence to document a stressor in PTSD claims generally and in
in this appeal is whether the veteran has presented evidence that her claim is well grounded; that is, that the claim is plausible. Murphy v. Derwinski, 1 Vet. App. 78 (1990). Once a claimant has submitted
and special development procedures are required pursuant to the M21-1. 38 C.F.R. § 3.304(d), (f); VA ADJUDICATION PROCEDURE MANUAL M21-1, Part III, Section 5.14(c) (Feb. 20, 1996). Although the appellant
appeal from the Department of Veterans Affairs Regional Office in Nashville, Tennessee THE ISSUES 1. Whether new and material evidence has been submitted to reopen a claim for service connection for residuals
appeal from the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUES 1. Entitlement to service connection for post-traumatic stress disorder (PTSD). 2. Entitlement to service
United States Court of Appeals for Veterans Claims (Court) has noted that VA's Adjudication Procedure Manual M21-1 (Manual M21-1), Part III, 5.14(c) provides very specific requirements for assisting the
1, Part III, 5.14(c) (Feb. 20, 1996), and former MANUAL M21-1, Part III, 7.46(c)(2) (Oct. 11, 1995). The general MANUAL M21-1 provisions on PTSD claims in 5.14 require: "In cases where available records
development procedures are required pursuant to the M21-1. 38 C.F.R. § 3.304(d), (f); VA ADJUDICATION PROCEDURE MANUAL M21-1, Part III, Section 5.14(c) (Feb. 20, 1996). Although the appellant has provided
Fed. Reg. 32,807-808 (1999) (to be codified at 38 C.F.R. pt. 3); VA Adjudication Procedure Manual M21-1, Part III, paragraph 5.14c (Feb. 20, 1996); VA Adjudication Procedure Manual M21-1, Part III, paragraph
required pursuant to VA's ADJUDICATION PROCEDURE MANUAL (the M21-1) in order to provide the veteran- claimant every opportunity to verify the occurrence of the claimed stressor. See M21-1, Part III, Section
his testimony as to the occurrence of the claimed stressor, and special development procedures are required pursuant to the M21-1. 38 C.F.R. § 3.304(d), (f); VA ADJUDICATION PROCEDURE MANUAL M21-1, Part
or copies of personal diaries or journals. VA Adjudication Manual M21-1 (M21-1), Part III, 5.14(c) (February 20, 1996). The Court has held that the provisions in M21-1, Part III, 5.14(c), which address
whether any attempts to conduct research complied with the VA Adjudication Procedure Manual M21-1 (Manual M21- 1) provisions regarding development of claims based upon personal assault." Citing M21-1, Part
event is physical or sexual assault. See Cohen v. Brown, 1 Vet. App. 128 (1997); M21-1, Part VI, Change 65 (October 28, 1998) par. 11.38; M21- 1, Part III, Change 49 (February 1996) par. 5.14c. See also
support a PTSD stressor. Wood v. Derwinski, 1 Vet. App. 190, 193 (1991); see also M21-1, Part VI, 11.38f(2) (Change 65, October 28, 1998). His personnel record is not associated with the claims file. On
1994). The VA Adjudication Manual M21-1 (M21-1) provides that the required "credible supporting evidence" of a non- combat stressor "may be obtained from" service records or "other sources." M21-1, part
claims based on personal assault contained in VA ADJUDICATION PROCEDURE MANUAL M21-1, Part III, 5.14(c) (Feb. 20, 1996), and former MANUAL M21-1, Part III, 7.46(c)(2) (Oct. 11, 1995). The general MANUAL
purposes under section 3.327(b)(1)." M21-1, Part VI, Change 34 (May 8, 1995). VA rescinded this provision with M21-1, Part VI, Change 51 (Aug. 16, 1996), without substitution of similar provision. See generally
appeal from the Department of Veterans Affairs Regional Office in St. Louis, Missouri THE ISSUES 1. Entitlement to service connection for a heart disorder as a result of exposure to herbicides and/or nerve
the M21-1) in order to provide the veteran- claimant every opportunity to verify the occurrence of the claimed stressor. See M21-1, Part III, Section 5.14(c) (Feb. 20, 1996). In light of the Court's precedent
in its Order of October 6, 1999, was the Board's failure to discuss the provisions of the VA Adjudication Procedure Manual M21-1 (M21-1), Part III, 5.14, which provides procedural considerations in evaluating
of the claimed stressor, and special development procedures are required pursuant to the M21-1. 38 C.F.R. § 3.304(d), (f); VA ADJUDICATION PROCEDURE MANUAL M21-1, Part III, Section 5.14(c) (Feb. 20, 1996).
Citation Nr: 0111121 Decision Date: 04/17/01 Archive Date: 04/23/01 DOCKET NO. 00-02 495 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Phoenix, Arizona THE ISSUES 1. Entitlement
September 1973. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a February 1996 rating decision of the RO. FINDINGS OF FACT 1. In October 1973, the RO denied the veteran's original
included in VA Adjudication Procedure Manual M21-1, part VI, para. 7.21 (January 31, 1997) (M21-1). Also, a recent opinion by the VA General Counsel discussed the provisions of M21-1 regarding asbestos
or has permitted the Secretary of VA to do otherwise and the Secretary has done so. See Karnas v. Derwinski, 1 Vet. App. 308 (1991); Baker v. West, 11 Vet. App. 163, 168 (1998). In this case, the Board
or has permitted the Secretary of VA to do otherwise and the Secretary has done so. See Karnas v. Derwinski, 1 Vet. App. 308 (1991); Baker v. West, 11 Vet. App. 163, 168 (1998). In this case, the Board
appeal from the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUES 1. Whether the veteran has submitted an adequate substantive appeal with respect to the issue of entitlement
In February 1996, VA established special evidentiary procedures for claims of service connection for PTSD based on personal assault. See VA ADJUDICATION PROCEDURE MANUAL M21- 1, PART III, paragraph 5.14c
M21-1, 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. The appellant's representative
evidence of record to corroborate that he was actually sexually assaulted during service. However, pertinent provisions of Manual M21-1 specifically address the types of documentation that may be used to
On appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in Muskogee, Oklahoma THE ISSUES 1. Entitlement to service connection for posttraumatic stress disorder (PTSD). 2. Entitlement
See Vargas-Gonzalez v. West, 12 Vet. App. 321, 328 (1999); Gilbert v. Derwinski, 1 Vet. App. 49, 56-57 (1990); 38 U.S.C.A. § 7104(d)(1) (West 1991). With these requirements of law, and in light of the
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