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Query: ("m21-1")
personal assault. This letter provides various examples of such sources. See M21-1, Part III, para. 5.14c(4); M21-1, Part III, Exhibit B.11. While the M&ROC generally requested the veteran to provide more
for development of alternate sources of evidence. See Manual M21-1, Part III, paragraph 5.14c (Feb. 20, 1996) (substantially enlarging on the former Manual M21-1, Part III, paragraph 7.47c(2) (Oct. 11,
VBA), Adjudication Procedure Manual, M21-1, reflects that service departments and other Federal agencies grant monetary benefits to veterans because of disability or length of service. See Manual M21-1,
for PTSD due to personal assault based on alternate sources of evidence. See VA Adjudication Procedure Manual M21-1 (hereinafter M21-1), Part III, paragraph 5.14c (Feb. 20, 1996) (substantially enhancing
Finally, the veteran appears to be raising a claim for a total disability rating based on individual unemployability. This issue is referred to the RO for appropriate action. FINDINGS OF FACT 1. The veteran's
See Patton v. West, 12 Vet. App. 272 (1999). In this regard, the Court noted that VA's Adjudication Procedure Manual M21-1 (Manual M21-1), Part III, 5.14(c) provides very specific requirements for assisting
Court") has held that provisions in the VA Adjudication Procedure Manual M21-1 (Manual M21-1) regarding PTSD and personal assault claims are substantive rules, with the equivalent weight of VA regulations.
the statement 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. The Board finds that this claim
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 provide special evidentiary
Procedure Manual M21-1 (Manual M21-1), Part III, paragraph 5.14c (Feb. 20, 1996), noting that such is a substantially expanded version of former Manual M21-1, Part III, paragraph 7.46c(2) (Oct. 11, 1995)
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 III, paragraph 7.47c(2) (Oct. 11, 1995)). Alternate
stressor "may be obtained from" service records or "other sources." M21-1, part VI, para. 7.46. In Patton v. West, 12 Vet.App. 272 (1999), the Court discussed the relevance of the above M21-1 provisions.
denied service connection for PTSD and depression. The case has since been transferred to the RO in Cleveland, Ohio. FINDINGS OF FACT 1. All evidence necessary for an equitable resolution of the issue on
d)(1)). (a) The Secretary shall treat an examination or 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
relationship by submitting another declaration of representation. However, it does not appear that he did so. FINDINGS OF FACT 1. The RO denied entitlement to service connection for a psychiatric condition
appeal from the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUES 1. Entitlement to service connection for post-traumatic stress disorder (PTSD). 2. Entitlement to service
1, Part III, 5.14(c) (Feb. 20, 1996), and former MANUAL M21-1, Part III, 7.46(c)(2) (Oct. 11, 1995). The general MANUAL M21-1 provisions on PTSD claims in 5.14 require: "In cases where available records
required pursuant to VA's ADJUDICATION PROCEDURE MANUAL (the M21-1) in order to provide the veteran- claimant every opportunity to verify the occurrence of the claimed stressor. See M21-1, Part III, Section
his testimony as to the occurrence of the claimed stressor, 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
or copies of personal diaries or journals. VA Adjudication Manual M21-1 (M21-1), Part III, 5.14(c) (February 20, 1996). The Court has held that the provisions in M21-1, Part III, 5.14(c), which address
support a PTSD stressor. Wood v. Derwinski, 1 Vet. App. 190, 193 (1991); see also M21-1, Part VI, 11.38f(2) (Change 65, October 28, 1998). His personnel record is not associated with the claims file. On
claims based on personal assault contained in VA ADJUDICATION PROCEDURE MANUAL M21-1, Part III, 5.14(c) (Feb. 20, 1996), and former MANUAL M21-1, Part III, 7.46(c)(2) (Oct. 11, 1995). The general MANUAL
purposes under section 3.327(b)(1)." M21-1, Part VI, Change 34 (May 8, 1995). VA rescinded this provision with M21-1, Part VI, Change 51 (Aug. 16, 1996), without substitution of similar provision. See generally
appeal from the Department of Veterans Affairs Regional Office in St. Louis, Missouri THE ISSUES 1. Entitlement to service connection for a heart disorder as a result of exposure to herbicides and/or nerve
the M21-1) in order to provide the veteran- claimant every opportunity to verify the occurrence of the claimed stressor. See M21-1, Part III, Section 5.14(c) (Feb. 20, 1996). In light of the Court's precedent
of the claimed stressor, 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).
Citation Nr: 0111121 Decision Date: 04/17/01 Archive Date: 04/23/01 DOCKET NO. 00-02 495 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Phoenix, Arizona THE ISSUES 1. Entitlement
included in VA Adjudication Procedure Manual M21-1, part VI, para. 7.21 (January 31, 1997) (M21-1). Also, a recent opinion by the VA General Counsel discussed the provisions of M21-1 regarding asbestos
Id. The Board notes that the DVB circular has been subsumed as § 7.21 of VA Manual M21-1. The Court has held that: neither MANUAL M21-1 nor the CIRCULAR creates a presumption of exposure to asbestos solely
Citation Nr: 0123313 Decision Date: 09/25/01 Archive Date: 10/02/01 DOCKET NO. 01-05 268 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUES 1. Entitlement
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 based on personal
in the VA Adjudication Procedure Manual M21-1 (Manual M21-1) regarding PTSD and personal assault claims are substantive rules, with the equivalent weight of VA regulations. Patton v. West, 12 Vet. App.
which in this case was the United States Coast Guard Station at Siuslaw River. M21-1, Part III, para. 4.01(g)(1). If the veteran no longer has a Reserve obligation or any other Reserve connection, the records
as family members, roommates, clergy, or fellow service members, or copies of personal diaries or journals. VA Adjudication Manual M21-1 (M21-1), Part III, 5.14c (February 20, 1996). The U. S. Court of
in developing the claim. See Patton v. West, 12 Vet. App. 272 (1999). In this regard, the Court has noted that VA's Adjudication Procedure Manual M21-1 (Manual M21-1), Part III, 5.14(c) provides very specific
MANUAL M21-1, Part III, 5.14(c) (Feb. 20, 1996), and former MANUAL M21-1, Part III, 7.46(c)(2) (Oct. 11, 1995). The general MANUAL M21-1 provisions on PTSD claims in 5.14 require: "In cases where available
examination did not address all the relevant rating criteria. The requested development has since been completed and the case is now ready for appellate review. FINDINGS OF FACT 1. All evidence necessary
Manual M21-1, Part III, 5.14(c) (Feb. 20, 1996), and that are a substantially expanded version of former Manual M21-1, Part III, 7.46(c)(2) (Oct. 11, 1995). The Court had previously held that the former
70, 76 (1994); Zarycki v. Brown, 6 Vet. App. 91, 98 (1993). However, special development procedures for non- combat stressors are required pursuant to VA's ADJUDICATION PROCEDURE MANUAL (the M21-1) in order
required to comply with VCAA and VA Adjudication Procedure Manual, M21-1, Part III, para. 5.14c. The attorney's presentations show that he is familiar with VA Adjudication Procure Manual, M21-1, Part III,
of the examination report only in respect to the pension claim was not prejudicial to the veteran. FINDINGS OF FACT 1. VA has satisfied its duty to notify and assist the veteran in respect to his claim
Citation Nr: 0120216 Decision Date: 08/07/01 Archive Date: 08/14/01 DOCKET NO. 00-11 571 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUES 1. Entitlement
Id. The Board notes that the DVB circular has been subsumed verbatim as § 7.21 of VA manual ADMIN21 [hereinafter "M21-1"]. More recently the Court has held that "neither MANUAL M21-1 nor the CIRCULAR creates
Procedure Manual, M21-1, Part VI, para. 7-21 (January 31, 1997) (hereinafter "M21-1"). In addition, a recent opinion by VA's General Counsel discussed the provisions of M21-1 regarding asbestos claims and,
that many victims of personal assault, especially sexual assault and domestic violence, do not file official reports either with military or civilian authorities. See Manual M21-1, Part III, 5.14(c)(5)
additional disorders of the heart are discussed below. The case is now ready for appellate review. FINDINGS OF FACT 1. All evidence necessary for resolution of the issue on appeal has been obtained. 2.
the DVB Circular have since been included in the VA Adjudication Procedure Manual, M21-1, part VI, para. 7.21 (January 31, 1997) (hereinafter "M21-1"). In addition, a recent opinion by VA's General Counsel
d)(1)): (a) The Secretary shall treat an examination or 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
Procedure Manual, M21-1, part VI, para. 7.21 (January 31, 1997) (hereinafter "M21-1"). In addition, a recent opinion by VA's General Counsel discussed the provisions of M21-1 regarding asbestos claims and,
based on personal assault contained in VA ADJUDICATION MANUAL M21-1, Part III, para. 5.14c (February 20, 1996), and former M21-1, Part III, para. 7.46(c)(2) (October 11, 1995). In personal assault cases,
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