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Query: ("m21-1")
opinion as being necessary to make a decision on a claim for purposes of paragraph (1) [38 U.S.C.A. § 5103A(d)(1)] if the evidence of record before the Secretary, taking into consideration all information
of alternate sources of evidence. See VA Adjudication Procedure Manual M21-1 (hereinafter Manual M21-1), Part III, paragraph 5.14c (Feb. 20, 1996) (substantially enlarging on the former Manual M21- 1, Part
Citation Nr: 0023189 Decision Date: 08/31/00 Archive Date: 09/05/00 DOCKET NO. 97-11 944 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Waco, Texas THE ISSUES 1. Entitlement
M21-1 (M21-1) provides that the required "credible supporting evidence" of a noncombat stressor "may be obtained from" service records or "other sources." M21-1, part VI, 7.46. In Patton v. West, 12 Vet.
of in-service trauma may find it difficult to produce evidence to support the occurrence of the stressor. VA Adjudication Procedure Manual M21-1 (M21-1), Part III, § 5.14(c)(2). See also Manual 21-1, Part
of Veterans Affairs (VA) Adjudication Procedure Manual M21-1 (Manual M21-1), Part III, para. 5.14c (Feb. 20, 1996), and are a substantially expanded version of former Manual M21-1, Part III, para. 7.46c(
appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in Winston-Salem, North Carolina THE ISSUES 1. Entitlement to service connection for neck disability and right shoulder disability.
appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in Providence, Rhode Island THE ISSUES 1. Entitlement to service connection for post-traumatic stress disorder (PTSD). 2. Entitlement
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 "the duty to assist will prevail while
Special evidentiary procedures for PTSD claims based on personal assault were consequently established in February 1996 in VA's Adjudication Procedure Manual, M21-1 (M2
appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in Washington, DC THE ISSUES 1. Entitlement to service connection for a left knee disability. 2. Entitlement to service connection
Citation Nr: 0010781 Decision Date: 04/24/00 Archive Date: 05/04/00 DOCKET NO. 97-34 064 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Waco, Texas THE ISSUES 1. Entitlement
a) (West 1991). A well-grounded claim is a plausible claim that is meritorious on its own or capable of substantiation. Murphy v. Derwinski, 1 Vet. App. 78, 81 (1990). An allegation that a disorder is service
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 (PTSD). 2. Entitlement to service
appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in Pittsburgh, Pennsylvania THE ISSUES 1. Entitlement to service connection for low back disability. 2. Entitlement to service connection
The 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." M21-1, part
appeal from the Department of Veterans Affairs (VA) Regional Office and Insurance Center (RO) in Philadelphia, Pennsylvania THE ISSUES 1. Entitlement to service connection for hearing loss. 2. Entitlement
analysis of any issue is whether the appellant's claim is well-grounded; that is, whether it is plausible, meritorious on its own, or otherwise capable of substantiation. Murphy v. Derwinski, 1 Vet. App.
appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in Pittsburgh, Pennsylvania THE ISSUES 1. Entitlement to service connection for right ear hearing loss. 2. Evaluation of left ear
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). The Court has held that although a claim need not be
of the Case, or the Supplemental Statements of the Case that the provisions of M21-1, Part III, 5.14 (c), especially M21-1, Part III, 5.14 (c)(7) were considered in reaching a determination in this case.
of the VA Adjudication Procedure Manual M21-1, Part III, para. 5.14(c) (Feb. 20, 1996), or whether there was adequate compliance with such M21-1 provision. In Patton v. West, 12 Vet. App. 272, 279-80 (1999)
has stated that she was sexually harassed during service by her superior officer. The Board notes that VA Adjudication Manual M21-1 (M21-1) Part III, 5.14(c) (February 20, 1996) provides that personal
development procedures are required pursuant to the M21-1. 38 C.F.R. § 3.304(d), (f); VA ADJUDICATION PROCEDURE MANUAL M21-1, Part III, Section 5.14(c) (Feb. 20, 1996). Although the appellant provided
being performed. Citing the requirements set forth in VA ADJUDICATION PROCEDURE MANUAL M21-1 (M21-1) with respect to the development of the evidence to document a stressor in PTSD claims generally and in
in this appeal is whether the veteran has presented evidence that her claim is well grounded; that is, that the claim is plausible. Murphy v. Derwinski, 1 Vet. App. 78 (1990). Once a claimant has submitted
and special development procedures are required pursuant to the M21-1. 38 C.F.R. § 3.304(d), (f); VA ADJUDICATION PROCEDURE MANUAL M21-1, Part III, Section 5.14(c) (Feb. 20, 1996). Although the appellant
appeal from the Department of Veterans Affairs Regional Office in Nashville, Tennessee THE ISSUES 1. Whether new and material evidence has been submitted to reopen a claim for service connection for residuals
United States Court of Appeals for Veterans Claims (Court) has noted that VA's Adjudication Procedure Manual M21-1 (Manual M21-1), Part III, 5.14(c) provides very specific requirements for assisting the
development procedures are required pursuant to the M21-1. 38 C.F.R. § 3.304(d), (f); VA ADJUDICATION PROCEDURE MANUAL M21-1, Part III, Section 5.14(c) (Feb. 20, 1996). Although the appellant has provided
Fed. Reg. 32,807-808 (1999) (to be codified at 38 C.F.R. pt. 3); VA Adjudication Procedure Manual M21-1, Part III, paragraph 5.14c (Feb. 20, 1996); VA Adjudication Procedure Manual M21-1, Part III, paragraph
whether any attempts to conduct research complied with the VA Adjudication Procedure Manual M21-1 (Manual M21- 1) provisions regarding development of claims based upon personal assault." Citing M21-1, Part
event is physical or sexual assault. See Cohen v. Brown, 1 Vet. App. 128 (1997); M21-1, Part VI, Change 65 (October 28, 1998) par. 11.38; M21- 1, Part III, Change 49 (February 1996) par. 5.14c. See also
1994). The VA Adjudication Manual 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
in its Order of October 6, 1999, was the Board's failure to discuss the provisions of the VA Adjudication Procedure Manual M21-1 (M21-1), Part III, 5.14, which provides procedural considerations in evaluating
September 1973. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a February 1996 rating decision of the RO. FINDINGS OF FACT 1. In October 1973, the RO denied the veteran's original
In February 1996, VA established special evidentiary procedures for claims of service connection for PTSD based on personal assault. See VA ADJUDICATION PROCEDURE MANUAL M21- 1, PART III, paragraph 5.14c
are required pursuant to applicable regulations and manual provisions. 38 C.F.R. § 3.304(d), (f); VA ADJUDICATION PROCEDURE MANUAL M21-1, Part III, Section 5.14(c) (Feb. 20, 1996). Although the appellant
approximately 1-2 times per night, slight "stress" incontinence, and occasional leakage. 8. The veteran has sexual impotence without deformity of the penis. CONCLUSIONS OF LAW 1. The claim for service connection
and interpretation in relation to a medical diagnosis." Id. (citing VA Adjudication Procedure Manual M21-1 (M21-1), Part III, 5.14c (8), (9)). The Court has also held that these provisions of M21-1, which
and a 100 percent disability rating was also assigned from April 1, 1998 to February 28, 1999 based on surgical or other treatment necessitating convalescence. Effective March 1, 1999, the veteran's cardiovascular
appeal from the Department of Veterans Affairs Regional Office in Columbia, South Carolina THE ISSUES 1. Entitlement to service connection for thoracic spine disability. 2. Entitlement to service connection
in relation to a medical diagnosis." (citing VA Adjudication Procedure Manual M21-1 (M21-1), Part III, 5.14c (8), (9)). The Court has also held that these provisions of M21-1, which provide special evidentiary
Citation Nr: 0001665 Decision Date: 01/20/00 Archive Date: 01/28/00 DOCKET NO. 96-48 400 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Portland, Oregon THE ISSUES 1. Whether
matter of law, establish the occurrence of non-combat stressors. See Dizoglio v. Brown, 9 Vet. App. 163 (1996). The Veterans Benefits Administration Manual M21-1 (Manual M21-1) requires that "[i]n cases
Veterans Benefits Administration Manual M21-1 (Manual M21-1) requires that "[i]n cases where available records do not provide objective or supportive evidence of the alleged in-service stressor, it is necessary
Id. (citing VA Adjudication Procedure Manual M21-1 (M21-1), Part III, 5.14c (8), (9)). The Court has also held that these provisions of M21-1, which provide special evidentiary procedures for PTSD claims
Citation Nr: 0028747 Decision Date: 10/31/00 Archive Date: 11/03/00 DOCKET NO. 99-15 462 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Waco, Texas THE ISSUES 1. Whether
PTSD claims that are based on personal assault. See Adjudication Procedure Manual M21-1, Part III, 5.14c (April 30, 1999) (Manual M21-1). The Manual M21-1 recognizes that claims based on personal assault
capable of substantiation. See Murphy v. Derwinski, 1 Vet. App. 78 (1990). In order for a claim to be well grounded, there must be competent evidence of (1) a current disability (a medical diagnosis); (2)
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