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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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Citation Nr: 0731629 Decision Date: 10/05/07 Archive Date: 10/16/07 DOCKET NO. 04-02 197 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Portland, Oregon THE ISSUES 1. Entitlement
claimed disease, keeping in mind the latency and exposure information found at M21-1, Part III, par. 5.13(a) [see M21-1, Part VI, par. 7.21(d)(1) (October 3, 1997)]. In this regard, the M21-1 provides the
appeal from the Department of Veterans Affairs Regional Office in Columbia, South Carolina THE ISSUES 1. Entitlement to service connection for trapezius muscle strain. 2. Entitlement to service connection
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 were set
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 threatens or inflicts
the DVB Circular have been included in the VA Adjudication Procedure Manual, M21-1 (M21-1), Part VI, § 7.21. In December 2005, M21-1, Part VI was rescinded and replaced with a new manual, M21-1MR. The
the prostate), and cancers of the gastrointestinal tract. See M21-1 MR, part VI, Subpart ii, Chapter 2, Section C, 9 (b). The M21-1 MR also provides the following non-exclusive list of occupations that
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
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 (October 3, 1997) provides that inhalation of asbestos fibers
appeal from the Department of Veterans Affairs Regional Office in St. Louis, Missouri THE ISSUES 1. Entitlement to service connection of residuals of asbestos exposure, to include chronic obstructive pulmonary
Manual, M21-1 (M21-1), Part VI, § 7.21. In December 2005, M21-1, Part VI was rescinded and replaced with a new manual, M21-1MR. The Court of has held that VA must analyze an appellant's claim to entitlement
the DVB Circular since have been included in VA Adjudication Procedure Manual, M21-1 MR, part VI, Subpart ii, Chapter 2, Section C (December 13, 2005). In this regard, the M21-1 MR provides the following
appeal from the Department of Veterans Affairs Regional Office in Jackson, Mississippi THE ISSUES 1. Entitlement to a disability evaluation greater than 10 percent for hemorrhoids. 2. Entitlement to a compensable
Citation Nr: 0703758 Decision Date: 02/06/07 Archive Date: 02/14/07 DOCKET NO. 04-40 545 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Portland, Oregon THE ISSUES 1. Entitlement
Citation Nr: 0700123 Decision Date: 01/04/07 Archive Date: 01/17/07 DOCKET NO. 05-07 077 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUES 1. Entitlement
Manual, M21-1 (M21-1), Part VI, § 7.21. In December 2005, M21-1, Part VI was rescinded and replaced with a new manual, M21-1MR. The U.S. Court of Appeals for Veterans Claims (Court) has held that VA must
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 VA must analyze an appellant's claim
appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida THE ISSUES 1. Whether new and material evidence has been received to reopen a previously denied claim
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 (2006) [reasonable doubt to be resolved in veteran's favor]. In Gilbert v. Derwinski, 1 Vet.
the DVB Circular have since been included in VA Adjudication Procedure Manual, M21-1, part VI, para. 7.21 (October 3, 1997) (hereinafter "M21-1"). Also, an opinion by VA's Office of General Counsel discusses
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 (October 3, 1997) provides that inhalation of asbestos fibers can produce fibrosis
Citation Nr: 0728136 Decision Date: 09/07/07 Archive Date: 09/14/07 DOCKET NO. 06-26 557 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Togus, Maine THE ISSUES 1. Entitlement
Procedure Manual, M21-1 (M21-1), Part VI, § 7.21. In December 2005, M21-1, Part VI was rescinded and replaced with a new manual, M21-1MR, which contains the same asbestos- related information as M21-1,
appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in New York, New York THE ISSUES 1. Entitlement to Dependents' Indemnity Compensation (DIC) benefits under the provisions of 38 U.S.C.A.
compensation 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
for considering compensation 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,
this case on the docket, claiming serious illness. In April 2007, the Board granted the motion, pursuant to 38 U.S.C.A. § 7107 (West 2002) and 38 C.F.R. § 20.900(c) (2006). FINDINGS OF FACT 1. The veteran
issues on appeal. The veteran was informed in VCAA letters dated February 2004 and November 2006 VCAA that to support his claim, there must be evidence which shows that: 1. You had an injury in military
appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in Lincoln, Nebraska THE ISSUES 1. Entitlement to service connection for congestive obstructive pulmonary disease (COPD). 2. Entitlement
Manual M21-1 (M21-1), Part III, regarding personal assault. M21-1 notes that "personal assault is an event of human design that threatens or inflicts harm. Examples of this are rape, physical assault, domestic
the evidence must show: (1) injury or disease in service; (2) current disability; and (3) a relationship between (1) and (2). See the February 4, 2005 VCAA letter, page 8. The November 2005 letter contained
1998). In December 2005, M21-1, Part III was rescinded and replaced with a new manual, M21-1MR, which contains the same PTSD- related information as M21-1, Part III. The corresponding new citation for M21-
Mississippi. That rating decision, in part, denied service connection for asbestosis, which the veteran had claimed as "breathing problems." FINDINGS OF FACT 1. A private radiology report dated June 2002
development procedures provided in VBA's Adjudication Procedure Manual, M21-1 may be followed in this case. Specifically, the M21-1MR provides that the following development should be performed: a) Ask
9 (December 13, 2005) (rescinding the previously applicable VBA Adjudication Procedure Manual M21-1, Part VI, para. 7.21). In accordance with the prior Board remand's reference to these guidelines, the
at M21-1MR, Part IV, Subpart ii, Chapter 1, Section F (revised December 13, 2005). Historically, these procedures were outlined in M21-1, Part 3, Chapter 5, Subchapter II, Section 5.18. Service medical
in establishing the occurrence of the stressor through standard evidence, and the need for development of alternate sources of evidence. See VA Adjudication Procedure Manual M21-1 (hereinafter M21-1), Part
directed regarding this claim and it is ripe for appellate review. In December 2007, the Board granted a motion to advance the veteran's claim on the docket. FINDINGS OF FACT 1. All evidence necessary to
appeal from the Department of Veterans Affairs Regional Office in No. Little Rock, Arkansas THE ISSUES 1. Entitlement to an initial compensable evaluation for migraine headaches. 2. Entitlement to service
included in VA Adjudication Procedure Manual, M21-1, part VI, para. 7.21 (October 3, 1997) (hereinafter "M21-1"). Also, an opinion by VA's Office of General Counsel discusses the development of asbestos
8 was rescinded by VBA Manual M21-1, Part VI, Change 3, September 21, 1992, and its provisions were incorporated into VBA Manual M21-1, Part VI. Paragraph 7.21a of VBA Manual M21-1, Part VI, provides that
appeal from the Department of Veterans Affairs Regional Office in Muskogee, Oklahoma THE ISSUES 1. Entitlement to service connection for a respiratory disorder. 2. Entitlement to service connection for
appeal from the Department of Veterans Affairs Regional Office in Columbia, South Carolina THE ISSUES 1. Entitlement to service connection for post-traumatic stress disorder (PTSD) due to personal assault.
appeal from the Department of Veterans Affairs Regional Office in Muskogee, Oklahoma THE ISSUES 1. Entitlement to service connection for tinnitus. 2. Entitlement to service connection for blurred vision.
was $6,634. See M21-1, part I, Appendix B. Effective December 1, 2004, the maximum allowable rate for a surviving spouse with no children was $6,814. See M21-1, part I, Appendix B. Effective December 1,
11, 1988). The information and instructions contained in the DVB Circular have since been included in VA Adjudication Procedure Manual, M21-1, part VI, para. 7.21 (October 3, 1997) (hereinafter "M21-1").
connection for asbestos- related diseases, there are no special statutory or regulatory provisions. However, the VA Adjudication Procedure Manual, M21-1 (M21-1), and opinions of the United States Court
appeal from the Department of Veterans Affairs Regional Office in Huntington, West Virginia THE ISSUES 1. Entitlement to service connection for diabetes mellitus, to include as secondary to herbicide (Agent
Citation Nr: 0722135 Decision Date: 07/23/07 Archive Date: 08/02/07 DOCKET NO. 03-11 876 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Waco, Texas THE ISSUES 1. Whether
held that VA must inform the claimant of any information and evidence not of record (1) that is necessary to substantiate the claim; (2) that VA will seek to provide; (3) that the claimant is expected to
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