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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")
Citation Nr: 0535072 Decision Date: 12/29/05 Archive Date: 01/10/06 DOCKET NO. 97-25 009 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUES 1. Entitlement
Citation Nr: 0533892 Decision Date: 12/15/05 Archive Date: 12/30/05 DOCKET NO. 97-03 623A DATE ) On appeal from the Department of Veterans Affairs Regional Office in Waco, Texas THE ISSUES 1. Entitlement
with the precise language outlined in ง 3.159(b)(1) would be redundant. The absence of such a request is unlikely to prejudice her, and thus, the Board finds this to be harmless error. VAOPGCPREC 1-04
appeal at this juncture is not prejudicial error. The Court in Pelegrini II also held that VCAA notice must: (1) inform the claimant about the information and evidence not of record that is necessary to
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
Citation Nr: 0509080 Decision Date: 03/25/05 Archive Date: 04/01/05 DOCKET NO. 00-14 630 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Lincoln, Nebraska THE ISSUES 1. Whether
that, pursuant to 38 U.S.C.A. § 1311(a) and the table contained in Appendix B of the Veterans Benefits Administration Manual M21-1 (the M21-1), the appellant was entitled, as of September 1, 2002, to a
National Guard service. These attempts must comply with the instructions set forth in the Veterans Benefits Administration (VBA) Adjudication Procedure Manual, M21-1, Part III, Chapter 4, entitled "Requests
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 that
5103A, 5107 (West 2002); 38 C.F.R. §§ 3.2, 3.54, 3.159, 3.271, 3.272 (2004); VAOPGCPREC 8-2000; Veterans Benefits Administration Manual M21-1 (M21-1), Appendix B. REASONS AND BASES FOR FINDINGS AND CONCLUSION
for entitlement to service connection for asbestosis. Therefore, Board now proceeds with its review of the appeal. FINDINGS OF FACT 1. A private medical report dated July 1994 indicates that x-ray findings
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(a), (b), & (c) are not substantive in nature, but relevant
appeal from the Department of Veterans Affairs Regional Office in Jackson, Mississippi THE ISSUES 1. Entitlement to service connection for bilateral above the knee amputations as secondary to the service-
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 that
appeal from the Department of Veterans Affairs Regional Office in St. Louis, Missouri THE ISSUES 1. Entitlement to an increased (compensable) disability rating for service-connected residuals of adenocarcinoma
Board on the adjudication of tinnitus claims affected by Smith. The specific claims affected by the stay include (1) all claims in which a claim for compensation for tinnitus was filed prior to June 13,
on a de novo basis, is addressed in the REMAND portion of the decision below and is REMANDED to the RO via the Appeals Management Center (AMC) in Washington, DC. FINDINGS OF FACT 1. Service connection for
Motion. The case is now back before the Board for further appellate review. FINDINGS OF FACT 1. The veteran did not engage in combat. 2. There is no credible supporting evidence that the veteran was subjected
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, are substantive rules
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 provide credible evidence
on exposure to asbestos. The information and instructions from the DVB Circular have been included in a VA Adjudication Procedure Manual, M21-1 (M21- 1), Part VI, 7.21. VA Manual M21-1, Part VI, para. 7.21
appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in No. Little Rock, Arkansas THE ISSUES 1. Entitlement to service connection for orthostatic lightheadedness (claimed as dizziness),
date) are not deductible. 38 C.F.R. § 3.272(h). The rates of death pension benefits are published in tabular form in appendix B of Veterans Benefits Administration Manual M21-1 (M21-1), and are given the
appeal from the Department of Veterans Affairs Regional Office in Columbia, South Carolina THE ISSUES 1. Entitlement to service connection for a left knee disorder. 2. Entitlement to service connection
The veteran filed his claim prior to the passage of the VCAA. The RO in compliance with the procedures contained in Veterans Benefits Administration Adjudication Procedure Manual (M21-1) sent veteran a
appeal from the Department of Veterans Affairs Regional Office in Muskogee, Oklahoma THE ISSUES 1. Entitlement to service connection for prostate cancer. 2. Entitlement to service connection for adenocarcinoma
probable that asbestos products were used . ." The VA Adjudication Procedure Manual (M21-1) provides that asbestos exposure is a contributing factor for lung cancer (see M21-1, Part VI, par. 7.21(a)(
claims based on exposure to asbestos. The information and instructions from the DVB Circular have been included in a VA Adjudication Procedure Manual, M21-1 (M21- 1), Part VI, 7.21. The Court has held that
and instructions from the DVB Circular have been included in a VA Adjudication Procedure Manual, M21-1 (M21- 1), Part VI, 7.21. The Court has held that VA must analyze an appellant's claim to entitlement
appeal from the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Entitlement to service connection for prostate cancer as a result of in-service exposure to asbestos.
appeal from the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Whether new and material evidence has been received to reopen the previously denied claim for entitlement
C.F.R. §§ 19.9, 20.1304(c)). Accordingly, the Board will consider the new evidence in the first instance in conjunction with the issue on appeal. FINDINGS OF FACT 1. The veteran has been notified of the
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 provide credible evidence
advanced on the docket because of financial hardship. 38 U.S.C.A. § 7107(a) (West 2002); 38 C.F.R. § 20.900(c) (2005). FINDINGS OF FACT 1. The veteran has been notified of the evidence necessary to substantiate
correspondence dated in November 2004. Accordingly, the veteran's hearing request is withdrawn. FINDINGS OF FACT 1. The veteran has been notified of the evidence necessary to substantiate his claim, and
instructions contained in the DVB Circular have since been included in VA Adjudication Procedure Manual, M21-1, part VI, para. 7.21 (January 31, 1997) (hereinafter "M21- 1"). In addition, a recent opinion
the denial of service connection (as reflected in the RO's March 2005 SSOC) and returned the claims file. FINDINGS OF FACT 1. All notification and development action needed to fairly adjudicate the claim
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 a conclusion similar
See 38 U.S.C.A. § 5107 (West 2002); 38 C.F.R. § 3.102 (2004). In Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990), the United States Court of Appeals for Veterans Claims (the Court) stated that "a veteran
Citation Nr: 0510617 Decision Date: 04/13/05 Archive Date: 04/21/05 DOCKET NO. 02-07 423 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUES 1. Entitlement
discrimination. VA ADJUDICATION PROCEDURE MANUAL M21-1, Part III, 5.14 (April 30, 1999) (M21-1). Because assault/discrimination is an extremely personal and sensitive issue, many incidents of personal assault/
for seeking service medical records of veterans who were separated from the Marine Corps Reserves after May 1, 1994, are followed. See M21-1, Part III, Paragraph 4.01(h). 2. If the service medical records
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
claims based on exposure to asbestos. The information and instructions from the DVB Circular have been included in the VA Adjudication Procedure Manual, M21-1 (M21-1), Part VI, § 7.21. The U.S. Court 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 provide credible evidence that may support the
Manual, M21-1, part VI, para. 7.21 (January 31, 1997) (hereinafter "M21-1"). Also, an opinion by VA's Office of General Counsel discussed the development of asbestos claims. VAOPGCPREC 4-00. With asbestos-
appeal from the Department of Veterans Affairs Regional Office in No. Little Rock, Arkansas THE ISSUES 1. Entitlement to service connection for liver cancer for purposes of accrued benefits. 2. Entitlement
appeal from the Department of Veterans Affairs Regional Office in Winston- Salem, North Carolina THE ISSUES 1. Entitlement to service connection for a foot fungal disorder. 2. Entitlement to service connection
currently stated on the first page herein, which incorporates both of the claimed disorders, most accurately represents the current status of the veteran's claim. FINDINGS OF FACT 1. The objective and competent
service connection for asbestosis under these administrative protocols. Subparagraph 7.21a(1) of the M21-1 recognizes that inhalation of asbestos fibers can produce fibrosis and tumors, interstitial pulmonary
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