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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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August 1992 recommended that the veteran shave 3 times per week with a razor leaving a stubble not to exceed 1/4 inch. This recommendation expired on September 1992. It was noted that this was not a permit
The Board is required to remand this issue to the RO for the issuance of a statement of the case. Manlincon v. West, 12 Vet. App. 238 (1999). FINDINGS OF FACT 1. All evidence necessary to decide the claim
1, Part III, Paragraphs 4.23, 4.25, 4.29 (Change 88, February 27, 2002). A "partial list" of "alternate documents that might substitute for service medical records" is set forth in M21-1: VA military files
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 IV, paras. 8.44-8.45 and 38.02-38.03. S. KELLER Veterans Law
1110, 1153 (West 2002); 38 C.F.R. §§ 3.104, 3.303, 3.304, 3.306 (2002); VA ADJUDICATION PROCEDURE MANUAL M21-1, Part III, 5.14 (April 30, 1999). REASONS AND BASES FOR FINDINGS AND CONCLUSION At the outset,
assault. In the absence of any verification of the claimed in-service stressor, or of any of the characteristics listed in the special provisions that apply to such cases in M21-1, Part III, 5.14c, there
that follows reopens the veteran's claim for service connection for a psychiatric disorder, to include PTSD, and that claim is the subject of a remand appended to the decision. FINDINGS OF FACT 1. The RO
appeal from the Department of Veterans Affairs Regional Office in No. Little Rock, Arkansas THE ISSUES 1. Entitlement to service connection for a chronic seizure disorder. 2. Entitlement to service connection
428, 432-33 (1993). Likewise, applicable criteria provide no presumption of service connection for asbestos exposure claims. Dyment v. West, 13 Vet. App. 141, 145 (1999) (holding that M21-1 does not create
may lead to the development of PTSD secondary to personal assault. VA ADJUDICATION PROCEDURE MANUAL M21-1, Part III, 5.14 (April 30, 1999) (hereinafter M21-1). Because assault is an extremely personal and
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
6 Vet. App. 91, 98 (1993). In these types of cases, special development procedures for non-combat stressors are required pursuant to VA's ADJUDICATION PROCEDURE MANUAL (the M21-1) in order to provide the
from a 30 percent evaluation to a noncompensable evaluation, effective November 5, 1961. Thus, service connection for rheumatoid arthritis has remained continuously in effect since March 1, 1948, without
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 assault,
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 M21-1 provisions on PTSD claims in 5.14 require that
remanded the claim for further development. The claim now returns to the Board for appellate review. FINDINGS OF FACT 1. The veteran has been notified of the evidence and information needed to substantiate
appeal from the Department of Veterans Affairs Regional Office in San Diego, California THE ISSUES 1. Entitlement to service connection for post traumatic stress disorder (PTSD). 2. Entitlement to service
wherein the United States Court of Appeals for the Federal Circuit invalidated the 30-day response period contained in 38 C.F.R. § 3.159(b)(1) as inconsistent with 38 U.S.C.§ 5103(b)(1). The Court made
development of evidence pertaining to claims for service connection for asbestosis. ADJUDICATION PROCEDURE MANUAL, M21-1, Part VI, 7.21 (M21-1). Asbestos fiber masses have a tendency to break easily into
are often violent and may lead to the development of PTSD secondary to personal assault. VA ADJUDICATION PROCEDURE MANUAL M21-1, Part III, 5.14 (April 30, 1999) (hereinafter M21-1). Because assault is an
own testimony, standing alone, will not be sufficient. Id. The special provisions of VA Adjudication Procedure Manual M21-1 (M21-1), Part III, regarding personal assault must also be considered. M21-1 notes
Citation Nr: 0300058 Decision Date: 01/03/03 Archive Date: 01/15/03 DOCKET NO. 00-15 035 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Denver, Colorado THE ISSUES 1. Whether
evidence, outside of the service medical records, as required by the M21-1. Analysis The Court has held that VA Adjudication Procedure Manual M21- 1 (Manual M21-1), Part III, 5.14c (Feb. 20, 1996), provides
claim or what portion of the needed evidence was to be provided by him and which portion, if any, VA would attempt to obtain. VA Adjudication Procedure Manual, M21-1 (M21- 1), Part VI, 7.21, provides guidance
appeal from the Department of Veterans Affairs Regional Office in Newark, New Jersey THE ISSUES 1. Entitlement to service connection for post-traumatic stress disorder (PTSD). 2. Entitlement to service
Citation Nr: 0324535 Decision Date: 09/22/03 Archive Date: 09/30/03 DOCKET NO. 98-18 159 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Detroit, Michigan THE ISSUES 1. Entitlement
appeal from the Department of Veterans Affairs Regional Office in Nashville, Tennessee THE ISSUES 1. Entitlement to service connection for a lung disorder, claimed due to asbestos exposure during service.
There has been no NOD filed as to these issues and they are not currently before the Board for appellant consideration. FINDINGS OF FACT 1. The medical evidence shows that the veteran has a diagnosis of
well as the controlling decisions of the appellate courts. See Vargas-Gonzalez v. West, 12 Vet. App. 321, 328 (1999); Gilbert v. Derwinski, 1 Vet. App. 49, 56-57 (1990); 38 U.S.C.A. § 7104(d)(1) (West
C.F.R. § 3.159(c). There is a special obligation to assist claimants with the development of their personal-assault PTSD claims. Specifically, VA's Adjudication Procedure Manual M21-1 (Manual M21-1), Part
prior to a disposition on the merits of the veteran's claim. The procedures are contained in VA Adjudication Procedure Manual M21-1 (M21-1). Specifically, M21-1, Part III, 5.14c subparagraph (8) (redesignated
attacks, or anxiety without an identifiable cause; or unexplained economic or social behavior changes. Id. Furthermore, pertinent provisions of Manual M21-1 specifically address the types of documentation
21-88-8, dated May 11, 1988. The DVB Circular was subsequently rescinded but its basic guidelines are now found in Veterans Benefits Administration (VBA) Adjudication Procedure Manual M21-1 (M21-1), Part
NPRC) in 1973, including using alternative means to reconstruct the records if they cannot be obtained; and develop the case in accordance with VA Adjudication Procedure Manual M21-1 (Manual M21-1), Part
M21-1, part VI, para. 7.21 (January 31, 1997) (M21-1). Also, an opinion by the VA General Counsel discussed the provisions of M21-1 regarding asbestos claims and concluded that medical nexus evidence is
concerning this before a decision is made on whether the appellant's discharge was due to her willful misconduct. See M21-1, Part IV, para. 11.05b. This development has not been completed, however. In this
Citation Nr: 0336535 Decision Date: 12/30/03 Archive Date: 01/07/04 DOCKET NO. 02-13 782 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Portland, Oregon THE ISSUES 1. Entitlement
Barnett v. Brown, 8 Vet. App. 1, 4 (1995), aff'd 83 F.3d 1380 (Fed. Cir. 1996); see also McGinnis v. Brown, 4 Vet. App. 239, 244 (1993). FINDINGS OF FACT 1. The RO denied entitlement to service connection
diagnosis. Patton v. West, 12 Vet. App. 272 (1999) (citing the 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
United States Court of Appeals for the Federal Circuit invalidated the less than one year (30-day) response period contained in 38 C.F.R. § 3.159(b)(1), as inconsistent with 38 U.S.C. § 5103(b)(1). See
the October 1987 rating decision preventing a claim of error against that RO decision in the first instance. Smith v. Brown, 35 F.3d 1516 (Fed. Cir. 1994). FINDINGS OF FACT 1. The Board denied entitlement
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 the previously denied claim for service
were included in a VA Adjudication Procedure Manual, M21-1 (M21- 1), Part VI, para. 7.68 (Sept. 21, 1992). Subsequently, the M2-1 provisions regarding asbestos exposure were amended. The new M21-1 guidelines
promulgated in the VA Adjudication Procedure Manual M21-1 (Manual M21-1), Part III, relating to personal assault claims. See Patton v. West, 12 Vet. App. 272 (1999); 38 C.F.R. § 3.304(f)(3) (2003). The
appeal from the Department of Veterans Affairs Regional Office in New Orleans, Louisiana THE ISSUES 1. Whether new and material evidence has been submitted to reopen the previously denied claim for service
panic attacks, or anxiety without an identifiable cause; or unexplained economic or social behavior changes. Id. Furthermore, pertinent provisions of VA Manual M21-1 specifically address the types of documentation
that there was no competent evidence of record to corroborate that he was actually assaulted during service. However, pertinent provisions of Manual M21-1 specifically address the types of documentation
a result, the Board believes all due process requirements were met with regard to her hearing request. FINDINGS OF FACT 1. The veteran has a current medical diagnosis of PTSD, and at least one VA medical
appeal from the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUES 1. Entitlement to an increased evaluation for residuals of an urachal cyst, post operative, with retained
Citation Nr: 0310957 Decision Date: 06/02/03 Archive Date: 06/10/03 DOCKET NO. 02-16 141 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Phoenix, Arizona THE ISSUES 1. Whether
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