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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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disposition of the claim. Vecina v. Brown, 6 Vet.App. 519, 522 (1994); Mintz v. Brown, 6 Vet.App. 277, 280 (1994); Colvin v. Derwinski, 1 Vet.App. 171, 174 (1991); see Manio v. Derwinski, 1 Vet.App. 140,
the pertinent provisions of the VA Adjudication Procedure Manual relating to improved pension and accrued benefits including M21-1, Part IV, ch
BVA9503625 DOCKET NO. 92-10 091 DATE ) On appeal from the decision of the Department of Veterans Affairs Regional Office in New Orleans, Louisiana THE ISSUES 1. Whether the appellant may renounce that
jurisdiction, VA Form 1-646 is not required. VA Manual M21-1, Part IV, Change 13, Paragraphs 8.23, 8.40 (October 3, 1992); see also VA Manual M21-1, Part IV, Change 64, Paragraphs 8.31-8.34, 8.45 (October
examinations authorized by VA. VA's Veterans Benefits Manual, M21-1, Part VI, para. 5.25(a) (Change 3 Sept. 21, 1992) and VA's Veterans Benefits Manual, M21-1, Part VI, para. 5.27 (Change 34, May 8, 1995)
restoration of the 10 percent rating is warranted. 38 U.S.C.A. 1155, 5107(b) (West 1991); 38 C.F.R. 4.1, 4.2, 4.85 (1994); VA Manual M21-1, Part VI, 7.11 (b) (change 16 Sep. 20, 1993). 2. The criteria for
went into effect in December 1987. In effect, it is argued that paragraph 50.13(b) of the VA Adjudication Procedure Manual (M21-1) was changed to his detriment in violation of the Administrative Procedure
the veteran has presented new and material evidence warranting the reopening of his claim of entitlement to service connection for post-traumatic stress disorder. FINDINGS OF FACT 1. The Board denied entitlement
Decision Date: 07/31/95 Archive Date: 08/03/95 DOCKET NO. 93-14 420 DATE ) On appeal from the decision of the Regional Office in North San Diego, California THE ISSUES 1. Entitlement to service connection
marriage to the veteran could be deemed valid for VA purposes in September 1992. The RO, citing the provisions of VA Adjudication Procedure Manual M21-1 (M21-1), Part IV, paragraph 12.10(c), held that the
Decision Date: 11/30/95 Archive Date: 12/01/95 DOCKET NO. 92-00 545 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Cleveland, Ohio THE ISSUES 1. Entitlement to an increased
I note that the RO essentially followed the procedures in VA Manual M21-1, Part IV, Chapter 8. VA Manual M21-1, Part IV, Change 13, Paragraphs 8.23, 8.40 (October 3, 1992); see also VA Manual M21-1, Part
for disabilities of the cervical and thoracic spine to include arthritis and Scheuermann's disease. FINDINGS OF FACT 1. In a March 1970 rating decision, a regional office denied service connection for arthritis
BVA9508461 DOCKET NO. 89-20 466 DATE ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Winston-Salem, North Carolina THE ISSUES 1. Entitlement to service connection
the Court endorsed pertinent provisions in the VA Adjudication Procedure Manual (M21-1) which set out the application of the insanity de
is not as complete as the ESG will need to verify the existence of the veteran's claimed stressor. Nevertheless, the provisions of the VA Adjudication Procedure Manual M21-1 (Manual M21-1) pertaining to
the existence of the veteran's claimed stressors. Nevertheless, the provisions of the VA ADJUDICATION PROCEDURE MANUAL M21-1 (MANUAL M21-1) pertaining to the adjudication of PTSD provide that "where records
corpsman and he served in Vietnam. Moreover, the provisions of the VA ADJUDICATION PROCEDURE MANUAL M21-1 (MANUAL M21-1) pertaining to the adjudication of PTSD provide that, "where records available to
are not included in this list of representative changes. M21-1, Part VI, 7.68(a)(1), p. 7-XV-6 (September 21, 1992). Based on the foregoing, this case is REMANDED for the following development: 1. The RO
of the material evidence that is the basis of a RO determination be available for appellate review. The this end, M21-1, Part IV, Chapter 31, Subchapter IX (particularly paragraph 31.70) now provides for
Manual M21-1 contains specific procedures for VA to follow in evaluating claims for service connection for PTSD. Manual M21-1, Part VI, Para 7.46(e), (f) (Dec. 21, 1992). In Zarycki, the Court set forth
ESG), the Board finds that further development is warranted. In this regard, the provisions of VA ADJUDICATION PROCEDURE MANUAL M21-1 (MANUAL M21- 1) pertaining to the adjudication of PTSD provide that,
the Board finds that further development is warranted. In this regard, the provisions of the VA ADJUDICATION PROCEDURE MANUAL M21-1 (MANUAL M21-1) pertaining to the adjudication of PTSD provide that, where
that claim. See Jones v. Derwinski, 1 Vet.App. 210, 215 (1991); Colvin v. Derwinski, 1 Vet.App. 171, 174 (1991). The RO's determinations of April and July 1991 that new and material evidence had not been
require a determination whether or not the veteran actually engaged in combat. Accordingly, as the provisions of the VA ADJUDICATION PROCEDURE MANUAL M21-1 (MANUAL M21-1) pertaining to the adjudication
Vet.App. 91, 99 (1993); Wood v. Derwinski, 1 Vet.App. 190, 193 (1991). Additionally, VA Manual M21-1 outlines the specific procedures required for the VA to follow in evaluating claims for service connection
whether or not the veteran actually engaged in combat. Accordingly, as the provisions of the VA ADJUDICATION PROCEDURE MANUAL M21-1 (MANUAL M21-1) pertaining to the adjudication of PTSD provide that, "where
disorder, and that the evidence as a whole supports the claim of service connection for PTSD. FINDINGS OF FACT 1. All relevant evidence necessary for an equitable disposition of the veteran's appeal has
compensation rates for wartime service are contained in 38 C.F.R. § 1114. The updated disability compensation basic rates are published in VA's Adjudication Procedure Manual, M21-1, Appendix B. Given that
this case to the Board. See VA Manual M21-1, Part IV, Change 13, Paragraphs 8.23, 8.40 (October 3, 1992); see also VA Manual M21-1, Part IV, Change 64, Paragraphs 8.31-8.34, 8.45 (October 11, 1994). Paragraph
Decision Date: 11/30/95 Archive Date: 12/01/95 DOCKET NO. 91-14 492 DATE ) On appeal from the Department of Veterans Affairs Regional Office in San Diego, California THE ISSUES 1. Whether new and material
is relevant to and probative of the issue at hand). In February 1986, the RO cited provisions of VA Manual M21-1, Chapter 50, Paragraph 50.16, Subparagraph (c) in denying the veteran's claim for service
disability pension benefits effective February 1, 1988. FINDINGS OF FACT 1. As of January 1988, the veteran was married, although estranged, was reasonably contributing to the support of his spouse. 2.
Decision Date: 09/22/95 Archive Date: 01/17/96 DOCKET NO. 92-52 884 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Chicago, Illinois THE ISSUES 1. Entitlement to an increased
Decision Date: 09/08/95 Archive Date: 09/07/95 DOCKET NO. 93-15 640 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Lincoln, Nebraska THE ISSUES 1. Entitlement to service
BVA9512421 DOCKET NO. 91-54 529 DATE ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Jackson, Mississippi THE ISSUES 1. Entitlement to service connection for a
addressed on appeal, it falls within the "appeal period" and thus within the jurisdiction of the Board. See VA Manual M21-1, Paragraph 10.02b(3). CONTENTIONS OF APPELLANT ON APPEAL The veteran contends
to be included in the term Department of Veterans Affairs examination) and within the scope of VA's Veterans Benefits Manual, M21-1, Part VI, para. 5.25(b)(Change 3 Sept. 21, 1992) (accrued rating: evidentiary
BVA9504877 DOCKET NO. 91-03 966 DATE ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Cleveland, Ohio THE ISSUES 1. Whether new and material evidence has been submitted
who had submitted statements. He argues that the RO neglected to apply the provisions of VA Manual M21-1 § 50.45(e) [currently § 7.46] which specify that if the evidence shows that a veteran engaged in
of Veterans Affairs Regional Office in New York, New York THE ISSUE Entitlement to an effective date prior to August 1, 1992, for the award of an apportionment of the veteran's compensation benefits on
that if we determined that the evidence was "new and material" and reopened the claim, we must then process it in accordance with VA ADJUDICATION PROCEDURE MANUAL M21-1, Part VI, para. 7.46(e), (f), and
Ribbon, or similar combat citation will be accepted, in the absence of evidence to the contrary, as conclusive evidence of the claimed inservice stressor. In addition, VA's Manual M21-1 contains specific
put into the file after the date of death. Hayes v. Brown, 4 Vet.App. 353 (1993). Specifically, VA Manual M21-1, paragraph 5.25 lists certain types of evidence which may be considered to be in the claims
it is the decision of the Board that the preponderance of the evidence is against the claim for service connection for an psychiatric disorder, to include PTSD. FINDINGS OF FACT 1. An acquired psychiatric
BVA9504858 DOCKET NO. 90-49 241 DATE ) On appeal from the decisions of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Entitlement to an increased rating
prorated on a monthly basis for the period September 18, 1990, to December 1, 1990. Manual, M21-1, Part I, Change 4, Appendix B (April 19, 1991). The RO notified the veteran and his attorney in January
VA Adjudication Procedure Manual, M21-1, Part VI, 7.69(c) (Change 3, Sept. 21, 1992) (Hereinafter, M21-1). The radiographic changes indicative of asbestos exposure include interstitial pulmonary fibrosis
action of November 1980 did not become final. 38 U.S.C.A. § 5107(a) (West 1991); 38 U.S.C. § 4005 (1976); 38 C.F.R. §§ 3.104(a), 19.153, 19.154 (1980); VA Adjudication Procedures Manual, M21-1, Chapter
in combat. Accordingly, as the provisions of the VA ADJUDICATION PROCEDURE MANUAL M21-1 (MANUAL M21-1) pertaining to the adjudication of PTSD provide that, "where records available to the rating board do
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