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December 2, 2021 update

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Query: ("m21-1")
should determine whether the RO complied with M21-1, Part III, 1.03(a) (Change 50) (Feb. 23, 1996) and M21-1, Part VI, 2.10(f) (Change 48) (Aug. 5, 1996). The provisions of M21-1 Part VI, 2.10(f) provide
a well-grounded claim ); M21-1, Part VI, 2.10(f) (discussed, supra); compare M21-1, Part III, 2.01(c) (during initial screening stage of claims processing, the RO shall review all applications and evidence
v. Brown, 9 Vet. App. 389, 394-95 (1997); 38 C.F.R. § 3.304(f) (1998); see also VA ADJUDICATION PROCEDURE MANUAL M21-1 (MANUAL M21-1), Part VI, 11.38 (Aug. 26, 1996) (reiterating the three PTSD service-
determine whether the RO complied with M21-1, Part III, 1.03(a) (Change 50) (Feb. 23, 1996) and M21-1, Part VI, 2.10(f) (Change 48) (Aug. 5, 1996). The provisions of M21-1 Part VI, 2.10(f) provide that
grounded. It has also been contended on the veteran s behalf that the Board should determine whether the RO complied with M21-1, Part III, 1.03(a) (Change 50) (Feb. 23, 1996) and M21-1, Part VI, 2.10(
1997); Moreau v. Brown, 9 Vet. App. 389, 394-95 (1997); 38 C.F.R. § 3.304(f) (1998); see also VA ADJUDICATION PROCEDURE MANUAL M21-1 (MANUAL M21-1), Part VI, 11.38 (Aug. 26, 1996) (reiterating the three
evidence. See Cohen v. Brown, 10 Vet. App. 128 (1997); Moreau v. Brown, 9 Vet. App. 389 (1996); and Dizoglio v. Brown, 9 Vet. App. 163, 166 (1996). The VA Adjudication Manual M21-1 (M21-1) provides that
the-doubt doctrine, and contends that, if the Board finds the claim not well grounded, then it should determine whether the RO complied with certain development procedures provided by M21-1. DECISION OF
that if the Board finds that any claim is not well grounded, then the Board should determine whether the RO followed certain provisions of M21-1. DECISION OF THE BOARD The Board, in accordance with the
v. Brown, 4 Vet. App. 502, 505 (1993); Tirpak v. Derwinski, 2 Vet. App. 609, 610 (1992); Murphy v. Derwinski, 1 Vet. App. 78, 81 (1990). The three elements of a well grounded claim are: (1) evidence
9 Vet. App. 389, 395 (1996). The M21-1 provisions pertaining to PTSD are "the equivalent of [VA] regulations." Hayes v. Brown, 5 Vet. App. 60, 67 (1993). Inasmuch as the provisions of M21-1 have not been
obtaining verification of the alleged sexual assault in service, and these avenues must be investigated. The VA Adjudication Procedure Manual M21-1(M21-1) provides that the required credible supporting
VA Adjudication Procedure Manual M21-1 (M21-1) provides that the required credible supporting evidence of a noncombat stressor may be obtained from service records or other sources. Manual M21-1, part VI,
has not been presented such as to reopen the claim for service connection for PTSD. FINDINGS OF FACTS 1. The veteran had active service from July 1966 to October 1969. 2. An appeal was not initiated from
connection for the cause of the veteran s death is well grounded. FINDINGS OF FACT 1. The veteran died on May [redacted], 1995. 2. According to the veteran s death certificate, the immediate cause of
matter, and the claim is before the Board once again. 38 U.S.C.A. 7105(b)(2) (West 1991); 38 C.F.R. 14.631(c)(1) (1996). This matter came before the Board of Veterans' Appeals (Board) on appeal from rating
M21-1 (M21-1) provides that the required credible supporting evidence of a non- combat stressor may be obtained from service records or other sources. M21-1, part VI, formerly 7.46. Specific
a decision of the Board is final and may not be reopened unless new and material evidence is presented. See Barnett v. Brown, 83 F.3d 1380 (Fed. Cir. 1996), aff g Barnett v. Brown, 8 Vet. App. 1 (1995),
appeal from the Department of Veterans Affairs Regional Office in Nashville, Tennessee THE ISSUES 1. Entitlement to service connection for the cause of the veteran s death. 2. Entitlement to Dependents
appeal from the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUES 1. Entitlement to accrued benefits based on a claim of entitlement to an increased disability rating for
supports the veteran s claim for service connection for asbestos-related lung disease and is against the claim for service connection for asbestosis. FINDINGS OF FACT 1. The veteran was not exposed to
appeal from the Department of Veterans Affairs Regional Office in Los Angeles, California THE ISSUES 1. Entitlement to service connection for the cause of the veteran's death. 2. Entitlement to service
in amending 38 C.F.R. §§ 4.125 & 4.126 (1997). See 61 Fed.Reg. 52695-52702 (1996). The provisions of Manual M21-1 refer to the third revised edition of the DSM. See e.g., Manual M21-1, Part VI, § 11.38
current symptomatology and the claimed inservice stressor. 38 C.F.R. § 3.304(f) (1996); see also VA ADJUDICATION PROCEDURE MANUAL M21-1 (MANUAL M21-1), Part VI, 11.38 (Aug. 26, 1996) (reiterating the three
appeal from the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Entitlement to an increased disability rating for vascular headaches, currently evaluated as 10 percent
VBA ADJUDICATION PROCEDURE MANUAL, M21-1 (Manual M21-1) provisions regarding development in such claims based upon sexual assault. Manual M21-1, Part III, para. 5.14c. Regarding a right knee disability,
criteria in May 1993 rendered moot the Manual M21-1 provisions regarding PTSD adjudication except where the manual is more favorable to a claimant. Where the Manual M21-1 imposes requirements not in the
the-fact medical nexus evidence. See Cohen, at 128; Moreau v. Brown, 9 Vet. App. 389 (1996); and Disoglio v. Brown, 9 Vet. App. 163, 166 (1996). The VA Adjudication Manual M21-1 (M21-1) provides that the
appeal from the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUES 1. Whether new and material evidence has been submitted to reopen a claim for service connection for a lung
appeal from the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUES 1. Entitlement to an increased disability evaluation for bilateral hearing loss, currently rated as 10 percent
is meritorious on its own or capable of substantiation. Such a claim need not be conclusive but only possible to satisfy the initial burden of § [5107(a)]. Murphy v. Derwinski, 1 Vet. App. 78, 81 (1990).
symptomatology and the claimed inservice stressor. 38 C.F.R. § 3.304(f) (1996); see also VA ADJUDICATION PROCEDURE MANUAL M21-1 (MANUAL M21-1), Part VI, 11.38 (Aug. 26, 1996) (reiterating the three PTSD
of the attempted rape and he stated that no charges were ever filed. Tr. at 3. The veteran testified that he could name his assailant. Tr. at 10. The VA Adjudication Manual M21-1 (M21-1) provides that the
1 Vet. App. 78, 81 (1990). A well-grounded claim is a plausible claim, or a claim that appears to be meritorious. Murphy, 1 Vet. App. at 81. An allegation that a disorder is service-connected is not sufficient
evidence presented or secured since the prior final disallowance of the claim is new and material. Manio v. Derwinski, 1 Vet. App. 140, 145 (1991); Colvin v. Derwinski, 1 Vet. App. 171, 174 (1991).
appeal from the Department of Veterans Affairs Regional Office in San Juan, Puerto Rico THE ISSUES 1. Entitlement to service connection for spina bifida occulta at the lumbosacral spine s L-5 level. 2.
by medical evidence, between current symptomatology and the claimed inservice stressor. 38 C.F.R. § 3.304(f) (1996); see also VA ADJUDICATION PROCEDURE MANUAL M21-1 (MANUAL M21-1), Part VI, 11.38 (Aug.
included in VA Adjudication Procedure Manual, M21-1, part VI, para. 7.21 (January 31, 1997) (hereinafter M21-1). VA must analyze the appellant s claim of entitlement to service connection for the cause
M21-1 (M21-1) provides that the required credible supporting evidence of a noncombat stressor may be obtained from service records or other sources. Manual M21-1, part VI, 11.38. Specific
appeal from the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUE 1. Entitlement to a temporary total rating under the provisions of 38 C.F.R. § 4.29 for a period of hospitalization
was no sputum production. He had no wheezing. He indicated that he had smoked 1 1/2 packs of cigarettes per day for 35 years, but he stopped smoking in 1982. Examination of his lungs was unremarkable with
claimed stressor. Nevertheless, 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
Notes). In addition, VBA s ADJUDICATION PROCEDURE MANUAL, M21-1, Part IV, directs the ROs to provide expeditious handling of all cases that have been remanded by the Board and the Court. See M21-1, Part
provisions of VA Adjudication Procedure Manual M21-1 (Manual M21-1) which refer to the third revised edition of the DSM. See e.g., Manual M21-1, Part VI, 11.38 (1996) (same PTSD criteria as DSM-III-R).
by the provisions of VA Adjudication Procedure Manual M21-1 (Manual M21-1) which refer to the third revised edition of the DSM. See e.g., Manual M21-1, Part VI, 11.38 (1996) (same PTSD criteria as DSM-
in-service stressors be found only in service records. See Cohen, 10 Vet. App. at 142, citing Manual M21- 1, Part VI, 7.46(f) (Sept. 21, 1992); Manual M21-1, Subch. XII, 50.45(d) (1989). The regulation
individual that the claim for service connection for peripheral neuropathy as a residual of Agent Orange exposure is a well-grounded claim. FINDINGS OF FACT 1. All relevant evidence necessary for an equitable
appeal from the Department of Veterans Affairs Regional Office in No. Little Rock, Arkansas THE ISSUES 1. Entitlement to an increased rating for calluses and corns of the feet, currently rated as 10 percent
reasons and bases, it is the decision of the Board that new and material evidence has been submitted to reopen the claim for service connection for PTSD. FINDINGS OFFACTS 1. Service connection for PTSD
related disease can develop from brief exposure to asbestos. M21-1, Part VI, 7.21(b)(2). Some of the major occupations involving asbestos exposure include work in shipyards. M21- 1, Part VI, 7.21(b)(1).
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