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December 2, 2021 update

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Query: ("m21-1")
neurosensory hearing loss under the rating criteria for hearing loss then in effect. 3. In January 1986, the VA added paragraph 50.13b to the VA Adjudication Procedure Manual, M21-1, which specifically
stressor (West, supra), differs somewhat from the standard that the Court had set forth in Doran v. Brown, 6 Vet.App. 283, 289 (1994). Doran held that the MANUAL M21-1 statement that the [s]ervice
The MANUAL M21-1 provisions in paragraph 7.46 are substantive rules which are the equivalent of [VA] [r]egulations See Hayes v. Brown, 5 Vet.App. 60, 67 (1993) (citing Karnas v. Derwinski, 1 Vet.App.
initial burden of submitting evidence sufficient to justify a belief by a fair and impartial individual that his claim for service connection for hypertension is well-grounded. FINDINGS OF FACT 1. The veteran
to justify a belief by a fair and impartial individual that the veteran has presented a well-grounded claim of service connection for the residuals of chemical burns to the eyes. FINDINGS OF FACT 1. The
been December 21, 1992, the date of the new Administrative Manual M21-1 provisions. Administrative Manual M21-1, Part VI, para. 7.46(e) (Dec. 21, 1992); See Zarycki v. Brown, 6 Vet.App. 91, 97 (1993). In
entitlement to service connection for the cause of the veteran s death is well-grounded. FINDINGS OF FACT 1. The veteran died in April 1993. The cause of death was certified as acute myocardial infarction
is purely a medical question in every case); Zarycki, 6 Vet.App. at 98-99, quoting VA Manual M21-1, Part VI, 7.46(b)(1) (Dec. 21, 1992); see Wilson v. Derwinski, 2 Vet.App. 614, 616-18 (1992) (affirming
following reasons and bases, it is the decision of the Board that the appellant s claim for service connection for the cause of the veteran s death is not well grounded. FINDINGS OF FACT 1. The RO has
appeal from the Department of Veterans Affairs Regional Office in Los Angeles, California THE ISSUES 1. Entitlement to service connection for heart disability. 2. Entitlement to service connection for sterility
symptomatology and the claimed in-service stressor. See 38 C.F.R. § 3.304(f) (1995); see also VA Adjudication Procedure Manual M21-1 (hereinafter M21-1), Part VI, paragraph 7.46 (first sentence) (Oct.
appeal from the Department of Veterans Affairs Regional Office in San Juan, Puerto Rico THE ISSUES 1. Entitlement to service connection for hallux valgus. 2. Entitlement to compensation benefits under the
Citation NR: 9610848 Decision Date: 04/18/96 Archive Date: 04/25/96 DOCKET NO. 92-08 874 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Detroit, Michigan THE ISSUES 1. Entitlement
the awards of compensation benefits and that myopia is listed as a type of refractive error in the current VA Manual M21-1 (M21-1), Part 6, § 7.09. However, the pertinent guidance in M21-1 does not rule
and impartial individual that his claim for service connection for post-traumatic stress disorder is well-grounded. FINDINGS OF FACT 1. There is no competent evidence establishing the presence of post-
appeal from the Department of Veterans Affairs Regional Office in No. Little Rock, Arkansas THE ISSUES 1. Entitlement to outpatient dental treatment by the Department of Veterans Affairs (VA). 2. Entitlement
appeal from the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUES 1. Whether new and material evidence has been received to reopen a claim of entitlement to service connection
Citation NR: 9620552 Decision Date: 07/23/96 Archive Date: 08/02/96 DOCKET NO. 94-22 089 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Chicago, Illinois THE ISSUES 1. Entitlement
stressor information now in the claims file. Nevertheless, the provisions of the VA Adjudication Procedure Manual M21-1 (Manual M21-1) pertaining to the adjudication of post- traumatic stress disorder provide
Citation NR: 9614342 Decision Date: 05/22/96 Archive Date: 06/04/96 DOCKET NO. 93-07 532 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Chicago, Illinois THE ISSUES 1. Entitlement
appeal from the Department of Veterans Affairs Regional Office in Indianapolis, Indiana THE ISSUES 1. Entitlement to service connection for a chronic acquired disorder of the neck manifested by swelling.
appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in Providence, Rhode Island THE ISSUE 1. Entitlement to an increased rating for an anxiety disorder with a post-traumatic stress
or detailed as the ESG will need to verify the existence of the claimed stressors. Nevertheless, the provisions of the VA Adjudication Procedure Manual M21-1 (Manual M21-1) pertaining to the adjudication
Citation NR: 9622652 Decision Date: 08/13/96 Archive Date: 08/16/96 DOCKET NO. 94-36 414 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Detroit, Michigan THE ISSUES 1. Whether
appeal from the Department of Veterans Affairs Regional Office in St. Louis, Missouri THE ISSUES 1. Whether new and material evidence has been submitted to reopen a claim of entitlement to service connection
appeal from the Department of Veterans Affairs Regional Office in Muskogee, Oklahoma THE ISSUES 1. Entitlement to service connection for hearing loss. 2. Entitlement to service connection for a chronic
The provisions of the VA Adjudication Procedure Manual M21-1 (Manual M21-1) pertaining to the adjudication of PTSD service connection claims provides that "where records available to the rating board do
that new and material evidence has been submitted to reopen a claim of entitlement to service connection for post-traumatic stress disorder. FINDINGS OF FACT 1. In July 1984 the RO denied on the merits
appeal from the Department of Veterans Affairs Regional Office in Louisville, Kentucky THE ISSUES 1. Whether new and material evidence has been submitted to reopen a claim of entitlement to service connection
appeal from the Department of Veterans Affairs Regional Office in St. Louis, Missouri THE ISSUES 1. Entitlement to service-connection for post-traumatic stress disorder. 2. Entitlement to service-connection
submitted well-grounded claims within the meaning of 38 U.S.C.A. § 5107(a). See Murphy v. Derwinski, 1 Vet.App. 78, 81 (1990); Gilbert v. Derwinski, 1 Vet.App. 49, 55 (1990). That is, the Board finds that
appeal from the Department of Veterans Affairs Regional Office in Los Angeles, California THE ISSUES 1. Whether new and material evidence has been submitted to reopen a claim of entitlement to service connection
Procedure Manual, M21- 1 . . The representative argued that the VA was not free to ignore the provisions of the M21-1 since such provisions are the equivalent of regulations, and requested that the
of the major occupations involving asbestos exposure include construction work and demolition of old buildings. M21-1, Part VI, 7.68(b)(1), p. 7-XV-6 (September 21, 1992). There is a prevalence of asbestos-
a)(1), 1521(a), 5107, 5108, 5110(b)(3), 7104, 7105 (West 1991); 38 C.F.R. §§ 3.105(a), 3.321, 3.340, 3.342, 3.400(b)(1), 4.15, 4.16, 4.17, 4.25 (1994). REASONS AND BASES FOR FINDINGS AND CONCLUSION The
by the veteran is not sufficiently complete to permit verification of such stressor information. Nevertheless, the provisions of the VA Adjudication Procedure Manual M21-1 (Manual M21-1) pertaining to the
symptomatology and the claimed in-service stressor. See 38 C.F.R. § 3.304(f) (1995); see also VA Adjudication Procedure Manual M21-1 (hereinafter M21-1), Part VI, paragraph 7.46 (Oct. 11, 1995). If the
information. Nevertheless, the provisions of the VA Adjudication Procedure Manual M21-1 (Manual M21-1) pertaining to the adjudication of post traumatic stress disorder provide that, where records available
Citation NR: 9612740 Decision Date: 05/10/96 Archive Date: 05/21/96 DOCKET NO. 94-24 929 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Wichita, Kansas THE ISSUES 1. Entitlement
could be referred to the United States Army and Joint Services Environmental Support Group (ESG). Nevertheless, the provisions of the VA Adjudication Procedure Manual M21-1 (Manual M21-1) pertaining to
complete as the ESG will need to verify 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
Citation NR: 9630263 Decision Date: 10/24/96 Archive Date: 11/08/96 DOCKET NO. 94-25 935 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Buffalo, New York THE ISSUES 1. Entitlement
to verify such stressor information. Nevertheless, the provisions of the VA Adjudication Procedure Manual M21-1 (Manual M21-1) pertaining to the adjudication of post traumatic stress disorder provide that,
is not as complete as the ESG will need to verify the existence of the veteran s claimed stressors. Nevertheless, the provisions of the VA Adjudication Procedure Manual M21-1 (Manual M21-1) pertaining
to verify such stressor information. Nevertheless, the provisions of the VA Adjudication Procedure Manual M21-1 (Manual M21-1) pertaining to the adjudication of post-traumatic stress disorder provide that,
appeal from the decision of the Department of Veterans Affairs Regional Office in Detroit, Michigan THE ISSUES 1. Entitlement to service connection for post-traumatic stress disorder (PTSD). 2. Entitlement
of the Board that the preponderance of evidence is against the veteran's claim for an increased evaluation for his service-connected left ear hearing loss. FINDINGS OF FACT 1. All relevant evidence necessary
as income for VA purposes, regardless if the veteran actually received it. While M21-1 is not regulatory, the cited provision from M21-1 is consistent with the regulatory requirements. The veteran s representative
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 not provide objective or supportive
the ESG to verify such stressor information. Nevertheless, the provisions of the VA Adjudication Procedure Manual M21-1 (Manual M21-1) pertaining to the adjudication of post-traumatic stress disorder provide
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