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December 2, 2021 update

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Query: ("m21-1")
119 (1993), the appellant's attorney was provided a copy of General Counsel's Precedent Opinion 9-94, dated March 25, 1994, and pertinent provisions of the M21-1 Manual, and allowed 60 days in which to
of the veteran's case in large part involves a further search for service records. To this end, we stress that compliance with the provisions of the VA Adjudication Procedure Manual M21-1 (M21-1), Part
a United States agency. See M21-1, III, 4.18 (Nov. 8, 1991); DVA Circ. 21-88-7, Rev. (Feb. 16, 1990); see also M21-1, III, 9.17 (Dec. 2, 1992). The appellant testified at a hearing in July 1990 that he
BVA9407598 DOCKET NO. 92-17 085 DATE ) THE ISSUES 1. Entitlement to service connection for asbestosis. 2. Entitlement to service connection for residuals of a myocardial infarction. 3. Entitlement
of the rating was improper. 38 U.S.C.A. §§ 1155, 5107 (West 1991); 38 C.F.R. Part 4, Diagnostic Code 6293, as in effect on December 17, 1987; VA Adjudication Procedure Manual, M21-1, Part I, paragraph
BVA9401510 DOCKET NO. 92-03 366 DATE ) THE ISSUES 1. Entitlement to service connection for heart disease, to include hypertension. 2. Entitlement to service connection for liver disease. 3. Entitlement
evidence by the RO regarding verification of a veteran's claimed stressors is addressed in the Department of Veterans Affairs Adjudication Procedure Manual, M21-1, Part VI. It is necessary to develop the
vary depending on whether or not the veteran was engaged in combat with the enemy. 38 U.S.C.A. § 1154(b), 38 C.F.R. § 3.304; and Veterans Benefits Administration Manual M21-1 (hereinafter M21-1). Where
expenses prospectively, and M21-1, Part IV, ch. 27, para. 27.08(b), relating to evidence in the file at the date of death (38 C.F.R. § 3.1000(d)(4) (1993)). VA Adjudication Procedure Manual, M21-1, Part
including M21-1, Part IV, ch. 16, para. 16.31(e), regarding award action to allow medical expenses prospectively, and M21-1, Part IV, ch. 27, para. 27.08(b), relating to evidence in the file at the date
prospectively, and M21-1, Part IV, ch. 27, para. 27.08(b), relating to evidence in the file at the date of death (38 C.F.R. § 3.1000(d)(4) (1993)). VA Adjudication Procedure Manual, M21-1, Part IV, ch.16,
BVA9413492 DOCKET NO. 88-34 871 DATE ) THE ISSUES 1. Entitlement to an increased (compensable) rating prior to February 17, 1994, for benign prostatic hypertrophy, status post resection. 2. Entitlement
BVA9408156 DOCKET NO. 91-22 749 DATE ) THE ISSUES 1. Entitlement to an effective date earlier than January 5, 1990, for the award of disability compensation for post-traumatic stress disorder (PTSD).
4.87, Table VI, Table VII, 4.87a (1987); 38 C.F.R. §§ 4.85, 4.87, Table VI, Table VII (1988); Department of Veterans Affairs, Adjudication Procedure Manual, M21-1, Part 1, paragraph 50.13(b). REASONS
decision of the Board that assignment of a 10 percent rating for defective hearing in the left ear is warranted from June 1, 1989. FINDINGS OF FACT 1. The evidence required for proper adjudication of the
a history of exposure in addition to X-ray evidence of parenchymal lung disease. M21-1, Part VI, 7.68(a)(1) and (c). The veteran served in the U.S. Navy during the Korean conflict, and his separation record
previously evaluated at a combined 60 percent were inappropriate, inasmuch as a General Counsel opinion has determined that changes to the Department of Veterans Administration Manual M21-1 which mandated
BVA9404425 DOCKET NO. 91-35 918 DATE ) THE ISSUES 1. Entitlement to service connection for residuals of a right groin injury. 2. Entitlement to service connection for generalized osteoarthritis. 3.
BVA9402996 DOCKET NO. 91-46 359 DATE ) THE ISSUES 1. Entitlement to an increased evaluation for hemorrhoids, rated as 30 percent disabling. 2. Entitlement to an increased evaluation for prostatitis
BVA9402389 DOCKET NO. 90-48 472 DATE ) THE ISSUES 1. Entitlement to service connection for a skin rash. 2. Entitlement to service connection for frostbite. 3. Entitlement to service connection for
examination, but not the actual report of examination. It was specifically requested that efforts be made in accordance with VA Manual M21-1 to obtain a copy of the veteran's enlistment examination. The
related service, and requested the RO to have the appellant complete "Form 13055" in accordance with the VA Practice Manual M21-1. In May 1993, the RO sent "NA Form 13055, Request for Information Needed
stressor. 38 C.F.R. § 3.304(f) (1993). As the United States Court of Veterans Appeals (hereinafter, the Court) pointed out in a recent decision, VA's Manual M21-1 provides that other supportive evidence
of a prior Board decision is initiated by a formal motion for reconsideration, in accordance with the procedure outlined in Chapter 10 of the Veterans Benefits Administration Manual M21-1 and 38 C.F.R.
reports of private audiometric examinations are not acceptable for purposes of determining whether VA compensation is warranted; see M21-1, Part VI, Chapter 7, Subchapter II, Paragraph 7.11(b)(3), which
further development is needed. The case is REMANDED to the RO for the following: 1. Efforts should be made in accordance with VA Manual M21-1 to obtain all available service medical records or copies thereof.
Naval Hospital from March 31, 1972, to April 4, 1972, see M21- 1, Part III, 4.01(h)(4)(i) (Oct. 6, 1993), and any ships records indicated by the appellant's response to VAF 21-4176. See M21-1, Part III,
BVA9403845 DOCKET NO. 92-06 881 DATE ) THE ISSUES 1. Entitlement to service connection for the cause of the veteran's death. 2. Entitlement to increased payment of burial benefits based on service-
actions: 1. In accordance with § 9.01, Part III, and § 7.53(c), Part VI, M21-1 (Authorization and Clerical Procedures to Veterans Benefits Manual M21-1, Adjudication Procedures.), the division of Benefit
and for the following reasons and bases, the Board decides that the preponderance of the evidence is against the claim of service connection for an acquired psychiatric disorder. FINDINGS OF FACT 1. A chronic
action was in conformity with the applicable instructions contained in Paragraph 21.03b, M21-1, Part IV. However, the May 13, 1985, letter from the RO contained language which, we conclude, could have been
of August 3, 1989. Specifically request clinical records pertaining to a June 1987 motor vehicle accident from Wurzburg Army Hospital, Wurzburg, West Germany, see VA Manual M21-1, part III, 4.02(b), 4.04(
M21-1 (Authorization and Clerical Procedures to Veterans Benefits Manual M21-1, Adjudication Procedures.), the Division of Benefit Services, Office of Disability Operations (formerly Bureau of Disability
as conclusive evidence of the claimed inservice stressor. Fed. Reg. 93-11816, May 19, 1993 (to be codified at 38 C.F.R. § 3.304(f)). Additionally, VA's Manual M21- 1 contains specific procedures for the
set out guidelines to be followed in claims for service connection for post-traumatic stress disorder (PTSD). The Court points out that VA Manual M21-1 contains specific procedures for the VA to follow
Part VI, M21-1 (Authorization and Clerical Procedures to Veterans Benefits Manual M21-1, Adjudication Procedures.), the Division of Benefit Services, Office of Disability Operations (formerly Bureau of
found to be credible and "consistent with the circumstances, conditions, or hardships of such service". (emphasis added) 38 U.S.C.A. § 1154(B); 38 C.F.R. § 3.304(d), (f); Manual M21-1, Part VI, Para.
the U.S. Marine Corps, as provided by the Department of Veterans Affairs Adjudication Procedure Manual, M21-1, paragraph 50.45(e), Woods v. Derwinski, 1 Vet.App. 406 (1991), and Zarycki v. Brown, No. 92-
BVA9405232 DOCKET NO. 89-26 495 DATE ) THE ISSUE 1. Entitlement to a total schedular rating for schizophrenia, paranoid type, currently evaluated as 70 percent disabling. 2. Entitlement to a total
BVA9405222 DOCKET NO. 91-21 464 DATE ) THE ISSUES 1. Entitlement to service connection for post traumatic stress disorder. 2. Entitlement to service connection for left temporal epidural hematoma.
190 (1991), as set forth in the Department of Veterans Affairs Adjudication Procedure Manual, M21-1. Accordingly, we find that the evidence of record is adequate for the purpose of the instant adjudication,
BVA9402569 DOCKET NO. 91-44 605 DATE ) THE ISSUES 1. Entitlement to service connection for the cause of the veteran's death. 2. Whether the income of the veteran's spouse is excessive for the receipt
BVA9401107 DOCKET NO. 89-54 535 DATE ) THE ISSUES 1. Entitlement to an increased disability rating for psoriasis. 2. Entitlement to a total rating based on individual unemployability due to service-
all available service medical records or copies thereof in accordance with VA Manual M21-1. All records obtained should be associated with the claims folder. 2. The veteran should be contacted and the record
Unit, Detachment 3 (DOR) STARC, AANG, in an effort to obtain any records of the July 1987 hospitalization. See generally, M21-1, Part III, 4.02(c)(1)(3)(4)(5) (November 8, 1991). In addition to the above,
BVA9407818 DOCKET NO. 92-04 700 DATE ) THE ISSUES 1. Entitlement to service connection for a disorder manifested by headaches, flashbacks, and memory loss. 2. Entitlement to service connection for
BVA9407704 DOCKET NO. 89-44 079 DATE ) THE ISSUES 1. Entitlement to service connection for the cause of the veteran's death. 2. Entitlement to service connection for cancer of the colon with metastases
that he submit copies of all service medical records in his possession. He should also be advised of his right to furnish alternative forms of evidence per M21-1, paragraphs 4.25, 4.29. All records obtained
him that alternate documents may be submitted to substitute for service medical records as per VA Adjudication Procedure Manual, Manual M21-1, Part III, Paragraph 4.25 (c) and 4.29 (b) (October 6, 1993)
include a specific request for records of the veteran's treatment for a left knee injury in 1972 or 1973 at Keesler Air Force Base, in Biloxi, Mississippi. VA Adjudication Procedure Manual, M21-1, Part
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