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December 2, 2021 update

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Query: ("m21-1")
the 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
Wood v. Derwinski, 1 Vet. App. 190, 193 (1991) (reconsideration denied, 1 Vet. App. 406 (1991)). In Wood v. Derwinski, 1 Vet. App. 190, 193 (1991) the Court noted that this was particularly true where "[t
Citation Nr: 0836021 Decision Date: 10/21/08 Archive Date: 10/27/08 DOCKET NO. 07-02 888 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Atlanta, Georgia THE ISSUES 1. Whether
not of record (1) that is necessary to substantiate the claim; (2) that VA will seek to provide; and (3) that the claimant is expected to provide. 38 C.F.R. § 3.159(b)(1); Quartuccio v. Principi, 16 Vet.
to claims for PTSD based on sexual assault. In particular, the Court held that the provisions in M21-1MR, Part III, 5.14(c) (rescinded and replaced, in relevant part, by M21-1MR, Part III, Subpart iv, Chapter
appeal from the Department of Veterans Affairs Regional Office in Huntington, West Virginia THE ISSUES 1. Entitlement to service connection for a lung disorder, to include as due to asbestos exposure. 2.
38 U.S.C.A. งง 1101, 1110, 1131 (West 2002 & Supp. 2006); 38 C.F.R. งง 3.303, 3.304 (2007); M21-1, Part VI, 7.21; DVB Circular 21-88-8, Asbestos-Related Diseases (May 11, 1988); VAOPGCPREC 4-00.
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(a), (b), & (c)
from the Department of Veterans Affairs Regional Office in San Juan, the Commonwealth of Puerto Rico THE ISSUES 1. Entitlement to service connection for tinnitus. 2. Entitlement to service connection for
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
VA Adjudication Procedure 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
appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in Phoenix, Arizona THE ISSUES 1. Entitlement to an initial compensable evaluation for service-connected multiple scars of both legs.
the DVB Circular were 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, which contains
b); Quartuccio v. Principi, 16 Vet. App. 183 (2002). Proper notice from VA must inform the claimant of any information and evidence not of record (1) that is necessary to substantiate the claim; (2) that
Id. The Board notes that the DVB circular was subsumed verbatim as § 7.21 of VA Manual ADMIN21 (M21-1). Subsequently, VA has reorganized and revised this manual into its current electronic form M21-1MR.
the veteran failed to appear for this hearing, and no motion to reschedule was filed. As such, the veteran's request for a Board hearing is deemed withdrawn. FINDINGS OF FACT 1. The evidence does not establish
appeal from the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Entitlement to service connection for asbestos-related pulmonary disability. 2. Entitlement to service
appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in Muskogee, Oklahoma THE ISSUES 1. Entitlement to service connection for chronic obstructive pulmonary disease (COPD), claimed as
Citation Nr: 0843615 Decision Date: 12/18/08 Archive Date: 12/23/08 DOCKET NO. 05-23 229 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUES 1. Entitlement
appeal from the Department of Veterans Affairs Regional Office in Oakland, California THE ISSUES 1. Entitlement to service connection for a lung disability, claimed as due to asbestos exposure. 2. Entitlement
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 forth at
the VA Adjudication Procedure Manual, M21-1, part VI, para. 7.21 (January 31, 1997) (hereinafter "M21-1"). In addition, an opinion by the VA General Counsel discussed the provisions of M21-1 regarding asbestos
Citation Nr: 0816019 Decision Date: 05/15/08 Archive Date: 05/23/08 DOCKET NO. 06-23 505 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Lincoln, Nebraska THE ISSUES 1. Entitlement
Citation Nr: 0815781 Decision Date: 05/14/08 Archive Date: 05/23/08 DOCKET NO. 05-26 310 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Waco, Texas THE ISSUES 1. Entitlement
contained in 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, an opinion by the VA General
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, which contains the same asbestos- related
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
1), the evidence of record contains a current diagnosis of recurrent basal cell carcinoma. See, e.g., an April 2002 treatment record of W.A.F., M.D. Hickson element (1) has therefore been satisfied. With
Citation Nr: 0843394 Decision Date: 12/17/08 Archive Date: 12/23/08 DOCKET NO. 05-28 717A DATE ) On appeal from the Department of Veterans Affairs Regional Office in Atlanta, Georgia THE ISSUES 1. Entitlement
Citation Nr: 0843199 Decision Date: 12/16/08 Archive Date: 12/23/08 DOCKET NO. 06-13 708 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUES 1. Entitlement
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 Pittsburgh, Pennsylvania THE ISSUES 1. Entitlement to service connection for lung scarring due to asbestos exposure. 2. Entitlement to service
appeal from the Department of Veterans Affairs Regional Office in Milwaukee, Wisconsin THE ISSUES 1. Whether new and material evidence has been submitted to reopen a claim for service connection for diabetes
appeal from the Department of Veterans Affairs Regional Office in Louisville, Kentucky THE ISSUES 1. Entitlement to service connection for a breathing problem, to include as due to exposure to asbestos
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 non- exclusive list of 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 United Sates Court of Appeals for Veterans Claims (the
Citation Nr: 0817662 Decision Date: 05/29/08 Archive Date: 06/09/08 DOCKET NO. 04-10 159 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Lincoln, Nebraska THE ISSUES 1. Entitlement
appeal from the Department of Veterans Affairs Regional Office in Jackson, Mississippi THE ISSUES 1. Entitlement to service connection for a chronic disability manifested by sore throat and choking claimed
appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in Winston-Salem, North Carolina THE ISSUES 1. Entitlement to service connection for post-traumatic stress disorder (PTSD). 2. Entitlement
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
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, an opinion by the VA General Counsel discussed
the VA Adjudication Procedure Manual, M21-1, part VI, para. 7.21 (January 31, 1997) (hereinafter "M21-1"). In addition, an opinion by the VA General Counsel discussed the provisions of M21-1 regarding asbestos
Citation Nr: 0810335 Decision Date: 03/28/08 Archive Date: 04/09/08 DOCKET NO. 05-22 006 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Boise, Idaho THE ISSUES 1. Entitlement
West Virginia in July 2007. A transcript of the hearing is associated with the claims file. FINDINGS OF FACT 1. The veteran did not serve in combat. 2. The veteran has been diagnosed with PTSD. There is
of such evidence by the agency of original jurisdiction. See 38 C.F.R. § 20.1304 (2007). FINDINGS OF FACT 1. The veteran died in September 2004 at the age of 73. The death certificate lists the veteran's
of the RO in St. Paul, Minnesota, which denied service connection for a lung disability, claimed as due to asbestos exposure. FINDINGS OF FACT 1. The veteran has two currently diagnosed lung disorders,
diseases, the Board notes there are no laws or regulations specifically dealing with asbestos and service connection. However, the VA Adjudication Procedure Manual, M21-1 (M21-1), and opinions of the United
Citation Nr: 0829186 Decision Date: 08/27/08 Archive Date: 09/04/08 DOCKET NO. 07-37 133 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Detroit, Michigan THE ISSUES 1. Entitlement
of the larynx due to Agent Orange exposure, effective December 27, 2001. 6. Effective December 1, 2004, through December 1, 2006, the maximum annual rate of improved pension (MARP) for a veteran with a
Citation Nr: 0841622 Decision Date: 12/04/08 Archive Date: 12/17/08 DOCKET NO. 05-36 205 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Portland, Oregon THE ISSUES 1. Entitlement
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