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December 2, 2021 update

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Page 9 of 113278 results — searched 1210546
Query: ("m21-1")
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 M21-1 provisions on PTSD claims
Id. The Board notes that the DVB circular has been subsumed as § 7.21 of VA Manual M21-1. The Court has held that: neither MANUAL M21-1 nor the CIRCULAR creates a presumption of exposure to asbestos solely
related claims, nor has the Secretary promulgated any regulations in regard to such claims. However, the VA Adjudication Procedure Manual, (VBA Manual M21-1), IV.ii.2.C, provides information concerning
of his or her service involved duty or visitation in the Republic of Vietnam. See VA Adjudication Manual, M21-1MR, IV.ii.2.C.10.k [M21-1MR]; Haas v. Peake, 545 F.3d 1168 (2008). When a veteran claims
and instructions contained in the DVB Circular have since been included in VA Adjudication Procedure Manual, M21-1, part VI, para. 7.21 (October 3, 1997) (hereinafter "M21-1"). Also, an opinion by the VA
On appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in North Little Rock, Arkansas THE ISSUES 1. Entitlement to service connection for asbestosis. 2. Entitlement to service
its decisions are "equitable and just." 38 C.F.R. § 4.6. VA's Adjudication and Procedures Manual (M21-1) also provides additional guidance for determining the severity of peripheral nerve disabilities.
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,
been advanced on the Board's docket pursuant to 38 C.F.R. ง 20.900(c) (2013). 38 U.S.C.A. ง 7107(a)(2) (West 2002). FINDINGS OF FACT 1. The Veteran served on active duty from December 1944 to
Received from the Department of Veterans Affairs Regional Office in North Little Rock, Arkansas THE ISSUES 1. Entitlement to service connection for arteriosclerotic heart disease secondary to service-
provide no presumption of service connection for asbestos exposure claims. See Dyment v. West, 13 Vet. App. 141, 145 (1999) (holding that M21-1 does not create a presumption of exposure to asbestos solely
connection for asbestos exposure claims. See Dyment v. West, 13 Vet. App. 141, 145 (1999) (holding that M21-1 does not create a presumption of exposure to asbestos solely from shipboard service). VA has,
On appeal from the Department of Veterans Affairs Regional Office in Hartford, Connecticut THE ISSUES 1. Entitlement to service connection for prostate cancer 2. Entitlement to service connection
and the claimed disease in light of the latency and exposure factors. M21-1, Part IV, Subpart ii, Chapter 2, Section C, Subsection (h). In this regard, the M21-1 provides the following non-exclusive list
rating is granted from November 1, 2010, to October 1, 2013, a rating in excess of 60 percent from From October 2, 2013, to December 9, 2013, and from March 1, 2014, to October 14, 2016 is denied, and a
Procedure Manual, M21-1, and opinions of the Court and General Counsel provide guidance in adjudicating these claims. VA s M21-1 provides the following non-exclusive list of asbestos-related diseases/
Adjudication Procedures Manual addresses these types of claims. 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
be considered to have been incurred in service. 38 U.S.C. xA7 1116(a)(1); 38 C.F.R. xA7 3.307(a)(6). In addition, a veteran who during active military service between April 1, 1968, and August 31,
Manual M21-1, III.iv.4.N.4.g., Determining Individual Nerves Affected in the Upper and Lower Extremities When Evaluating Disabilities; see also M21-1, III.iv.4.A.4.a., Evaluating Manifestations of Spine
compensation claims based on exposure to asbestos. The information and instructions from the DVB Circular were included in the VA Adjudication Procedure Manual, M21-1 (M21-1), Part VI, § 7.21. In December
favorable even if the claim fails. The Board also notes that it is not relying on the M21-1 to deny the Veteran s claim. The M21-1 provides that, when considering these types of claims, VA must determine
on exposure to asbestos. The DVB circular was subsumed verbatim as § 7.21 of Adjudication Procedure Manual, M21-1, Part VI, which has now been reclassified in a revision to the Manual at M21- 1, Part IV,
in regard to such claims. Nevertheless, the M21-1 (Developing Claims for SC for Asbestos-Related Diseases) does provide guidance. See M21-1, pt. IV, subpt. ii, § 1.I.3 (last accessed on October 9, 2018).
excess of 30 percent for service-connected nonunion fracture of the right ankle with ankylosis, tendonitis, and degenerative changes is denied. FINDINGS OF FACT 1. Prior to September 18, 2015, the
as an Aircraft Maintenance Officer. According to the VA Adjudication Procedures Manual (M21-1), this MOS entails a minimal probability of exposure. M21-1,IV.ii.I.3.d. The M21-1 instructs that when there
strength and with characteristics of tactical herbicides. Parseeya-Picchione v. McDonald, 28 Vet. App. 171, 177 (2016). The VA Adjudication Manual (M21-1) explains that the Compensation Service
less than 5 degrees dorsiflexion or less than 10 degrees plantar flexion. See id. The M21-1 is not binding on the Board and, to rely on the M21-1, the Board must conduct an independent analysis before
On appeal from the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUES 1. Entitlement to service connection for a respiratory disorder, other than asthma, to include chronic obstructive
On appeal from the Department of Veterans Affairs Regional Office in Boise, Idaho THE ISSUES 1. Whether new and material evidence has been received to reopen a claim of service connection for posttraumatic
the Board notes there are no laws or regulations specifically dealing with asbestos and service connection. However, the VA Adjudication Procedure Manual, M21-1 (M21-1), and opinions of the United States
On appeal from the Department of Veterans Affairs Regional Office in Waco, Texas THE ISSUES 1. Whether new and material evidence has been received to reopen a claim for entitlement to service connection
On appeal from the Department of Veterans Affairs Regional Office in Portland, Oregon THE ISSUES 1. Entitlement to service connection for the Veteran's cause of the death. 2. Entitlement to nonservice-
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
On appeal from the Department of Veterans Affairs Regional Office in St. Louis, Missouri THE ISSUES 1. Entitlement to service connection for prostate cancer, to include as secondary to asbestos exposure.
appellate consideration. The Board finds that there has been substantial compliance with its prior remands. FINDINGS OF FACT 1. The most probative clinical evidence of record is against a finding
On appeal from the Department of Veterans Affairs Regional Office in Chicago, Illinois THE ISSUES 1. Entitlement to service connection for cancer of the tongue, to include as due to asbestos exposure.
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,
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
Received from the Department of Veterans Affairs Regional Office in Louisville, Kentucky THE ISSUES 1. Entitlement to a rating in excess of 10 percent for a surgical scar from removal of sebaceous cyst.
On appeal from the Department of Veterans Affairs Regional Office in Milwaukee, Wisconsin THE ISSUES 1. Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic
On appeal from the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUES 1. Entitlement to service connection for chronic bronchitis, claimed as due to asbestos exposure.
On appeal from the Department of Veterans Affairs Regional Office in New York, New York THE ISSUES 1. Entitlement to a rating in excess of 10 percent for service-connected low back strain. 2. Entitlement
in relative equipoise, with the Veteran prevailing in either event, 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.
supplemental medical opinion, and requesting the Veteran to provide additional information regarding his claim, the RO has complied with the previous remands. FINDINGS OF FACT 1. The competent credible
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
On appeal from the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Entitlement to service connection for a respiratory disorder as due to in-service asbestos
can develop from brief exposure to asbestos. Id. VA's Adjudication Procedures Manual 21-1 ("M21-1") contains guidelines for the development of asbestos exposure cases. See generally M21-1, Part VI,
On appeal from the Department of Veterans Affairs Regional Office in Jackson, Mississippi THE ISSUES 1. Entitlement to service connection for vision loss. 2. Entitlement to service connection for
On appeal from the Department of Veterans Affairs Regional Office in Portland, Oregon THE ISSUES 1. Entitlement to service connection for coronary artery disease, including as secondary to jet fuel
a), 3.159, and 3.326(a) (2009). Under the VCAA, VA must inform the Veteran of any information and evidence not of record (1) that is necessary to substantiate the claim; (2) that VA will seek to provide
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