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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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Query: ("m21-1")
for PTSD. Specifically, the RO must consider all of the special provisions of VA Adjudication Procedure Manual M21-1 (M21-1), Part III, regarding personal assault. M21-1 notes that "personal assault is
determine whether military records demonstrate evidence of asbestos exposure in service (see M21-1, Part III, par. 5.13(b); M21-1, Part VI, par. 7.21(d)(1)); (2) determine whether there was pre-service
appeal from the Department of Veterans Affairs Regional Office in Los Angeles, California THE ISSUES 1. Entitlement to service connection for cause of the veteran's death, claimed as due to asbestos exposure.
the RO must consider all of the special provisions of VA Adjudication Procedure Manual M21-1 (M21-1), Part III, regarding personal assault. M21-1 notes that: "Personal assault is an event of human design
to his failure to prosecute the claim by submitting requested evidence was supported by the evidence then of record, and was consistent with the applicable law, regulations and VA Manual M21-1 provisions
M21-1, Part IV, Chapter 16. Normally, medical expenses are allowed as a deduction after the fact, based on the report of expenses actually paid. These are called "Nonrecurring Medical Expenses." M21-1,
Citation Nr: 0425847 Decision Date: 09/20/04 Archive Date: 09/29/04 DOCKET NO. 03-14 444 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Phoenix, Arizona THE ISSUES 1. Entitlement
of the veteran's pension. Thereafter, the case was returned to the Board for further appellate consideration. FINDINGS OF FACT 1. In January 1983, the Veterans Administration (now the Department of Veterans
appeal from the Department of Veterans Affairs Regional Office in Indianapolis, Indiana THE ISSUES 1. Whether new and material evidence has been submitted to reopen the previously denied claim of entitlement
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 M21-1 provisions on PTSD claims
of Veterans Appeals prior to March 1, 1999) (hereinafter, "the Court") vacated the Board's decision and remanded the case pursuant to a Joint Motion for Remand. FINDINGS OF FACT 1. A private medical report
published in tabular form in appendix B of Veterans Benefits Administration Manual M21-1 (M21-1), and are given the same force and effect as if published in the Code of Federal Regulations. 38 C.F.R. § 3.21.
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 were set forth at M21-1, Part
c)(2). Moreover, it does not appear that the procedures outlined in the Veterans Benefits Administration (VBA) Adjudication Procedure Manual, M21-1, Part III, Chapter 4, have been fully complied with. The
Citation Nr: 0434017 Decision Date: 12/28/04 Archive Date: 01/05/05 DOCKET NO. 94-40 683 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Cleveland, Ohio THE ISSUES 1. Entitlement
appeal from the Department of Veterans Affairs Regional Office in Louisville, Kentucky THE ISSUES 1. Entitlement to service connection for an acquired psychiatric disorder, to include post-traumatic stress
appeal from the Department of Veterans Affairs Regional Office in New Orleans, Louisiana THE ISSUES 1. Whether new and material evidence has been received to reopen the veteran's claim for entitlement to
Ohio denying the veteran's claim that a September 1991 rating decision, which denied service connection for retinitis pigmentosa, was clearly and unmistakably erroneous. FINDINGS OF FACT 1. Service connection
show the veteran served aboard the USS Halsey. The VA Adjudication Procedure Manual (M21-1) lists service aboard naval ships as a risk factor for asbestos exposure (see M21-1, Part VI, par. 7.21(b)(2)).
appeal from the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Entitlement to an effective date earlier than February 6, 2003, for a grant of service connection
38 U.S.C.A. § 5103(a) and 38 C.F.R. § 3.159(b)(1) before an initial unfavorable decision is issued. Section 3(a) of the VCAA (also 38 U.S.C.A. § 5103(a)) and 38 C.F.R. § 3.159(b)(1) require that, upon
docket pursuant to the provisions of 38 U.S.C.A. § 7107 (West 2002) and 38 C.F.R. § 20.900(c) (2003). FINDINGS OF FACT 1. All notification and development action needed to fairly adjudicate the claim
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 provide special
appeal from the Department of Veterans Affairs Regional Office in Philadelphia, Pennsylvania THE ISSUES 1. Entitlement to service connection for asthma. 2. Entitlement to service connection for post-traumatic
evidence should be resorted to in fire-related cases. See VA Adjudication Procedure Manual, M21-1, Part III, Paragraphs 4.23, 4.25, 4.29 (Change 88, February 27, 2002). A "partial list" of "alternate documents"
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 a presumption of exposure to asbestos solely from shipboard service.
pre-service, in-service and post-service exposure to asbestos. See VA Adjudication Procedure Manual, M21-1, part VI, para. 7.21 (January 31, 1997) (M21-1). When all necessary development has been completed,
DVB Circular). The information and instructions from the DVB Circular are incorporated in the VA Adjudication Procedure Manual, M21-1 (M21- 1), Part VI, 7.21. The provisions of M21-1, Part VI, par. 7.21(
which was scheduled for March 1, 2004. He filed a motion for a new hearing, but his motion was denied by the Board member who had been scheduled to conduct the March 1, 2004, hearing. (The decision below
appeal from the Department of Veterans Affairs Regional Office in Huntington, West Virginia THE ISSUES 1. Whether new and material evidence has been received to reopen the claim of service connection for
appeal from the Department of Veterans Affairs Regional Office in New Orleans, Louisiana THE ISSUES 1. Entitlement to service connection for low back disability. 2. Entitlement to service connection for
Citation Nr: 0409436 Decision Date: 04/12/04 Archive Date: 04/16/04 DOCKET NO. 98-06 290 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUES 1. Entitlement
as reflected in the SSOC), well after the 1-year period for response to such a notice letter. See 38 U.S.C.A. § 5103(b)(1). As noted above, in May 2002 the veteran stated that he had no additional medical
appeal from the Department of Veterans Affairs Regional Office in Nashville, Tennessee THE ISSUES 1. Whether new and material evidence has been received to reopen a previously disallowed claim of entitlement
the issue on appeal will be REMANDED to the RO via the Appeals Management Center (AMC) in Washington, DC. VA will notify you if further action is required on your part. FINDINGS OF FACT 1. Service connection
Provisions) (West 2002). In the present case, the RO attempted to develop the claim in accordance with VA Adjudication Procedure Manual M21-1 (Manual M21-1), Part III, para. 5.14(c) (Feb. 20, 1996). However,
during his almost 20 years of service, and that the asbestos exposure resulted in his fatal lung cancer. VA Adjudication Procedure Manual, M21-1 (M21- 1), Part VI, 7.21, provides guidance in adjudicating
in-service stressors in accordance with the provisions of VA Adjudication Manual M21-1. Patton v. West, 12 Vet. App. 272 (1999). In such cases, M21-1 provides an extensive list of alternative sources competent
to 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 (Mar. 2002). In light of the Court's precedent
DVB Circular 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
been subsumed verbatim as § 7.21 of VA Manual ADMIN21 (M21-1). More recently the Court has held that neither Manual M21-1 nor the Circular creates a presumption of exposure to asbestos solely from shipboard
benefit of the doubt in resolving each such issue shall be given to the claimant. 38 U.S.C.A. § 5107 (West 2002); 38 C.F.R. § 3.102 (2003). In Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990), the United
Citation Nr: 0429212 Decision Date: 10/25/04 Archive Date: 11/08/04 DOCKET NO. 95-04 999 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Phoenix, Arizona THE ISSUES 1. Entitlement
appeal from the Department of Veterans Affairs Regional Office in Winston- Salem, North Carolina THE ISSUES 1. Entitlement to service connection for a respiratory disability, to include due to exposure
Citation Nr: 0428637 Decision Date: 10/19/04 Archive Date: 10/28/04 DOCKET NO. 99-08 101 DATE On appeal from the Department of Veterans Affairs Regional Office in St. Louis, Missouri THE ISSUES 1. Entitlement
appeal from the Department of Veterans Affairs Regional Office in St. Louis, Missouri THE ISSUES 1. Entitlement to service connection for a respiratory disorder as a result of asbestos exposure. 2. Entitlement
appeal from the Department of Veterans Affairs Regional Office in St. Paul, Minnesota THE ISSUES 1. Entitlement to service connection for a lung disorder, to include as due to exposure to asbestos. 2. Entitlement
may lead to the development of PTSD secondary to personal assault. VA ADJUDICATION PROCEDURE MANUAL M21-1, Part III, 5.14 (April 30, 1999) (M21-1). Because assault is an extremely personal and sensitive
appeal from the Department of Veterans Affairs Regional Office in Huntington, West Virginia THE ISSUES 1. Entitlement to service connection for a respiratory disorder, to include chronic obstructive pulmonary
08/04/04 Archive Date: 08/09/04 DOCKET NO. 02-08 770 DATE AUG 04 2004 ) On appeal from the Department of Veterans Affairs Regional Office in Huntington, West Virginia THE ISSUES 1. Entitlement to service
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