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Query: ("m21-1")
was not a surviving spouse for the purposes of receiving VA death benefits. The appellant asserts that the decision was based on a paragraph of the VA's adjudication manual, M21-1, that created additional
by a medical specialist of the rating board and the case was not transferred to another RO due to potential conflict of interest in accordance with the VA Adjudication Procedure Manual, M21-1, para. 21.06.
553, 38 U.S.C.A. § 7261(a)(3)(D) (West 1991); 38 C.F.R. §§ 1.12, 1.551(c), VA Adjudication Procedure Manual, M21-1 para. 50.13(b); Fugere v. Derwinski, 1 Vet.App. 103 (1990), aff'd. 972 Fed.2d 331 (Fed.
c) (1991), Department of Veterans Affairs Adjudication Procedure Manual, M21-1, para. 50.13(b); Fugere v. Derwinski, 1 Vet.App. 103 (1990), aff'd. 972 F.2d 331 (Fed. Cir. 1992). REASONS AND BASES FOR FINDINGS
reviewing the appeal. Department of Veterans Affairs (VA) O.G.C. Prec. 89-90, 56 Fed. Reg. 1225 (1991); Boyer v. Derwinski, 1 Vet.App. 531, 535-36 (1991). The veteran served on active duty from August 1949
the day following the date of discharge from service will be considered service connected. M21-1, Part VI, para. 7.21(a) (previously M21-1, para. 50.21(a)). Additionally, the representative states that
objective or supportive evidence of the claimed stressor. Paragraph 7.46f(2), M21-1. The veteran should provide specific details of the alleged event. Paragraph 7.46f(2)(a), M21-1. The Board notes the veteran's
1.551(c), Department of Veterans Affairs Adjudication Procedure Manual, M21-1, para. 50.13(b); Fugere v. Derwinski, 1 Vet.App. 103, aff'd. 972 F.2d. 331 (Fed. Cir. 1992). 3. An evaluation in excess of 30
connected bilateral hearing loss is warranted. Department of Veterans Affairs Adjudication Procedure Manual, M21-1, paragraph 50.13(b); Fugere v. Derwinski, 1 Vet.App. 103 (1990), aff'd, 972 F.2d 331 (Fed.Cir.
warranted. Department of Veterans Affairs Adjudication Procedure Manual, M21-1, paragraph 50.13(b); Fugere v Derwinski, 1 Vet.App. 103 (1990). 2. The January 1990 rating decision is void ab initio and the
1, 8.15 The language contained in the law that questions as to timeliness shall be determined by the Board of Veterans' Appeals is controlling. 38 U.S.C.A. § 7105; M21-1, 8.15. Regulations provide that
loss is warranted. Department of Veterans Affairs Adjudication Procedure Manual, M21-1, paragraph 50.13(b); Fugere v Derwinski, 1 Vet.App. 103 (1990). REASONS AND BASES FOR FINDINGS AND CONCLUSION The veteran
Paragraph 56.24 and Paragraph 57.03 of Part I, M21-1. Furthermore, the Court found that 38 C.F.R. § 3.327(b)(1) (1992) deems any hospitalization report or any examination report as included in the term
Citation NR: 9317082 Decision Date: 9/15/93 DOCKET NO. 91—36 179 THE ISSUES 1. Entitlement to an increased evaluation for generalized anxiety disorder, currently evaluated as 30 percent disabling. 2.
on April 28, 1951; then at the U.S. Naval Hospital, Philadelphia, Pennsylvania, from May 8, 1951 to October 31, 1951. M21-1, Part III, Chapter 4, para. 4.02(h) and 4.04(c)(2). 3. After obtaining all available
M21-1 Part III, 4.04 (c)(2)(a)(c). It is most likely that such records were lost in the 1973 fire, as reported twice by NPRC. M21-1, Part III, 4.02 (b)(2)(c). However, at the time of separation from the
a change in the rating criteria or testing methods, which is not permit- ted under the rating instructions published in the VA's Adjudication Procedural Manual (M21-1) in paragraph 50.13(b), and that the
his service-connected bilateral mixed hearing loss from 40 to 20 percent. He argues that such a reduction was precluded by M21-1, Part 1, Paragraph 50.13(b). The veteran has referred to ongoing significant
and no reference to the provisions of M21-1. It was specifically noted in the remand that the agency of original jurisdiction was to review the guidance provided by VA Manual M21-1. Because this was not
outpatient treatment records for the period of August, September and October 1981 at Lackland Air Force Base, San Antonio, Texas, by contact with that facility, in accordance with M21-1, Part III, 4.08(
VA Adjudication Procedure Manual, Manual M21-1 (hereinafter Manual M21-1) includes provisions for requesting records for veterans from various sources. Part III, Chapter 4, paragraph 4.08 of Manual M21-
93 Decision Citation: BVA 93-18250 Y93 BOARD OF VETERANS' APPEALS WASHINGTON, D.C. 20420 DOCKET NO. 92-18 604 DATE ) THE ISSUES 1. Entitlement to service connection for bilateral defective hearing.
is any further abstract information available concerning the appellant's hospitalization in February 1954. Refer to M21-1, Part III, Chapter 4 for instructions on obtaining Surgeon General's Office(SGO)
in the veteran's hearing acuity, then the RO was to apply the old criteria and make no reduction. VA Adjudication Procedure Manual, M21-1, Part 1, Paragraph 50.13(b). Evaluations of bilateral hearing loss
of VA Adjudication Procedure Manual, M21-1 paragraph 50.13b and the holding in Fugere v. Derwinski, 1 Vet.App. 103 (1990) which was confirmed recently by the United States Court of Appeals for the Federal
service-connected bilateral hearing loss from 30 to 20 percent. He argues that such reduction was precluded by M21-1, Part I, Paragraph 50.13(b). DECISION OF THE BOARD In accordance with the decision of
93 Decision Citation: BVA 93-00029 Y93 BOARD OF VETERANS' APPEALS WASHINGTON, D.C. 20420 DOCKET NO. 91-50 712 DATE ) THE ISSUES 1. Entitlement to an effective date earlier than March 5, 1991, for
1 regarding essentials of post-traumatic stress disorder diagnosis in examinations (M21-1, part VI, para. 7.46b); and development for post-traumatic stress disorder (M21-1, part VI, para. 7.46e). If the
evaluation for the veteran's bilateral hearing loss have not been met. 38 U.S.C.A. §§ 1155, 5107 (West 1991); 38 C.F.R. Part 4, Diagnostic Code 6292; VA Adjudication Procedure Manual, M21-1, Part I, paragraph
for his service-connected bilateral sensorineural hearing loss from 20 percent to 10 percent. He argues that such a reduction was precluded by M21-1, Part I, paragraph 50.13(b). DECISION OF THE BOARD In
the VA's Veterans Benefits Administration Manual, M21-1, Part VI, ch. 7, para. 7.59(f) (Mar. 1992) (rescinding and superceding M21-1, ch. 50., para. 50.78(f)). In the aforementioned precedent opinion, it
was improper. 38 U.S.C.A. §§ 1155, 5107, l7104 (West 1991); 38 C.F.R. Part 4 (1991); Department of Veterans Affairs, Adjudication Procedure Manual, M21-1, Part 1, paragraph 50.13(b). REASONS AND BASES
M21-1, paragraph 24.08. The provisions of 38 C.F.R. § 3.105(e) were found to be not for application in the reduction, effective January 1, 1989, as there was no running compensation award in effect at
have been guidelines for evaluating VA compensation purposes, in M21-1, Part 1, paragraph 50.07 for decades before 1 Board also notes that the United States Court of Veterans Appeals in Fugere v. D 1 Vet.App.
3.272(g). 38 C.F.R. § 3.1(z) states that nursing home means any extended care facility which is licensed by a State to provide skilled or intermediate-level nursing care. M21-1, Part IV, 16.31(b)(1)(a)
of which the reduced disability evaluations could have been made effective. 38 C.F.R. § 3.105(e) (1992); VA Adjudication Procedure Manual M21-1 § 52.02(1) (July 23, 1986) 3. The regulatory criteria for
93 Decision Citation: BVA 93-05034 Y93 BOARD OF VETERANS' APPEALS WASHINGTON, D.C. 20420 DOCKET NO. 90-01 741 DATE ) THE ISSUES 1. Entitlement to service connection for an organic brain disorder.
the Reserves, it is possible that the request for records may not have been submitted to the correct agency. According to M21-1, Part 3, Ch. 4.01c, outpatient records may be with the Reserve unit or at
1, Part VI, paragraph 7.46(f)(2)(b). The RO should also contact the Joint Services Environmental Support Group (ESG) in accordance with M21-1, Part VI, paragraph 7.46(f)(2)(c)(1) for possible verification
a rapid increase of myopia; for example, 2 diopters in a year. This decreased visual acuity, however, must produce uncorrectable impairment of vision. M21-1, paragraph 50.09(b)(1). In this veteran's case,
out that the instructions contained in § 9.01(a)(3), Part III of M21-1 (Authorization and Clerical Procedures to Veterans Benefits Manual M21-1, Adjudication Procedures.) may only be appropriate in the
93 Decision Citation: BVA 93-20885 Y93 BOARD OF VETERANS' APPEALS WASHINGTON, D.C. 20420 DOCKET NO. 88-54 593 DATE ) THE ISSUES 1. Entitlement to service connection for drug and alcohol abuse secondary
claim could be readjudicated by the RO, with special consideration being accorded the VA's Adjudication Procedure Manual M21-1, paragraph 50.45(e). In view of the foregoing, and in light of the VA's duty
and that the preponderance of the evidence is against entitlement to disability compensation for the period from March 1, 1987, to February 6, 1990. FINDINGS OF FACT 1. All evidence necessary for an equitable
93 Decision Citation: BVA 93-16794 Y93 BOARD OF VETERANS' APPEALS WASHINGTON, D.C. 20420 DOCKET NO. 89-16 511 DATE ) THE ISSUES 1. Whether new and material evidence has been submitted to reopen a
May 3, 1990. For many years before May 3, 1990, a VA adjudication manual contained a substantially equivalent nonregulatory standard. VA Manual M21-1, Chapter 50. The record shows that on preinduction examination
clinical requirements for a VA examination under the applicable regulation. See 38 C.F.R. § 3.326(a), (c) (1992). VARO implemented its standard procedures, VA Manual M21-1, part III (Nov. 8, 1991), in
1989 rating decision, was based on an application of audiometric findings resulting from new testing methods, such reduction was in contradiction of VA Adjudication Procedure Manual M21-1, Part 1, Paragraph
93 Decision Citation: BVA 93-11164 Y93 BOARD OF VETERANS' APPEALS WASHINGTON, D.C. 20420 DOCKET NO. 87-04 570 DATE (RECONSIDERATION) ) THE ISSUES 1. Entitlement to accrued benefits based on a claim
the National Records Center. M21-1, Part III, 4.02. We conclude that VA has satisfied its duty to assist the appellant, 38 U.S.C.A. § 5107(a) (West 1991), and that the record is adequately developed for
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