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relationship between that exposure and the claimed disease. VA ADJUDICATION PROCEDURE MANUAL M21-1, Part IV, Subpart ii, Chapter 2, Section C, para. 9 (December 13, 2005) (M-21). The Board notes that
17, 1975. His duties included coordinating and managing in-shop and flight-line repairs as well as being an assistant ground operator. VA's Adjudication Procedures Manual, M21-1, notes that the Compensation
exposure. As noted in the Department of Veterans Benefits, Veterans' Administration, DVB Circular 21-88-8, Asbestos-Related Diseases (May 11, 1988); VA Adjudication Procedure Manual, M21-1, part VI, paragraph
that the Veteran worked on or near the airbase perimeter. See M21-1 at IV.ii.1.H.5.b. Thus, the AOJ followed the procedures set forth in M21-1 and obtained details from the Veteran on his alleged herbicide
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 forth
to "otherwise near the air base perimeter" in the context of conceding herbicide exposure. See M21-1, Part IV, Subpart ii., Chapter 1, Section H.5. The Board notes that the M21-1 is not binding upon the
information and evidence 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. ง 3.159(b)(1). This
On appeal from the Department of Veterans Affairs Regional Office in Cleveland, Ohio THE ISSUES 1. Entitlement to an effective date earlier than July 15, 2008, for service connection for migraine headaches.
May 11, 1988). The information and instructions contained in the DVB Circular were later included in the VA Adjudication Procedure Manual, M21-1, part VI, para. 7.21 (Oct. 3, 1997) (M21-1). Subsequently,
Received from the Department of Veterans Affairs Regional Office in North Little Rock, Arkansas THE ISSUES 1. Entitlement to service connection for arteriosclerotic heart disease secondary to service-
connection for asbestos exposure claims. See Dyment v. West, 13 Vet. App. 141, 145 (1999) (holding that M21-1 does not create a presumption of exposure to asbestos solely from shipboard service). VA has,
On appeal from the Department of Veterans Affairs Regional Office in Hartford, Connecticut THE ISSUES 1. Entitlement to service connection for prostate cancer 2. Entitlement to service connection
Procedure Manual, M21-1, Part V, Subpart iii, Chapter 1, Section J, Topic 1, Blocks g, h (Apr. 22, 2015); see also M21-1, Part V, Subpart iii, Chapter 1, Section J, Topic 4, Block a. The facts in this
Adjudication Procedure Manual Rewrite, M21-1MR, Part IV, Subpart ii, Chapter 2, Section C, Paragraph 10(q) (September 15, 2011), and as set forth at M21-1MR, Part IV, Subpart ii, Chapter 2, Section C, Paragraph
On appeal from the Department of Veterans Affairs Regional Office in Denver, Colorado THE ISSUES 1. Entitlement to service connection for gluteal sarcoma. 2. Entitlement to service connection for
On appeal from the Department of Veterans Affairs Regional Office in Newark, New Jersey THE ISSUES 1. Entitlement to service connection for sleep apnea. 2. Entitlement to service connection for lung
On appeal from the Department of Veterans Affairs Regional Office in Los Angeles, California THE ISSUES 1. Entitlement to service connection for respiratory disability to include chronic obstructive
from 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.
and instructions contained in the DVB Circular have since been included in VA Adjudication Procedure Manual, M21-1, part VI, para. 7.21 (Oct. 3, 1997) (hereinafter "M21-1"). Subsequently, an opinion by
See VAOPGCPREC 4-2000 (April 13, 2000). The relevant provisions of M21-1 were rescinded and reissued, as amended, in a manual rewrite (MR) in 2005. See M21-1MR, Part IV, Subpart ii, Chap. 1, Sec. H, Para.
included in VA Adjudication Procedure Manual, M21-1, Part IV, Subpart ii, Chap. 1, Sec. I., Para. 3 (August 7, 2015) (hereinafter "M21-1"). Also, an opinion by VA's Office of General Counsel discussed
On appeal from the Department of Veterans Affairs Regional Office in Indianapolis, Indiana THE ISSUES 1. Entitlement to service connection for diabetes mellitus type 2, to include as due to herbicide
the disorders for which the Veteran seeks service connection are not among those recognized by VA as being asbestos-related diseases. See M21-1MR, Part IV, Subpart ii, Chapter 1, Section H, Topic 29, entitled
On appeal from the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Entitlement to service connection for a left hand disability. 2. Entitlement to service connection
On appeal from the Department of Veterans Affairs Regional Office in Waco, Texas THE ISSUES 1. Whether new and material evidence has been submitted to reopen a claim of entitlement to service connection
On appeal from the Department of Veterans Affairs Regional Office in Louisville, Kentucky THE ISSUES 1. Entitlement to service connection for Type II diabetes due to herbicide exposure and/or contaminated
On appeal from the Department of Veterans Affairs Regional Office in San Diego, California THE ISSUES 1. Entitlement to service connection for a nervous system disorder, to include as secondary to exposure
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"). Also,
DVB Circular 21-88-8, Asbestos-Related Diseases (May 11, 1988). The information and instructions contained in the DVB Circular have since been included in VA Adjudication Procedure Manual, M21-1, part
language of 38 C.F.R. § 3.321(b)(1), for determining whether a Veteran is entitled to an extraschedular rating: (1) the established schedular criteria must be inadequate to describe the severity and symptoms
the Secretary promulgated any regulations). However, the VA Adjudication Procedure Manual, M21-1 (M21-1), and opinions of the United States Court of Appeals for Veterans Claims (Court) and VA General Counsel
claims. VAOPGCPREC 4-2000 (April 13, 2000). The above mentioned provisions of M21-1 were rescinded and reissued as amended in a manual rewrite (MR) in 2005. See M21-1MR, Part IV, Subpart ii, Chap. 1,
perimeter. However, in August 2015, the above M21-1MR manual provisions relating to claimed herbicide exposure in Thailand were rescinded and replaced with new M21-1 provisions. New M21-1, IV.ii.1.H.5.a,
On appeal from the Department of Veterans Affairs Regional Office in Atlanta, Georgia THE ISSUES 1. Entitlement to service connection for a respiratory disorder, claimed as breathing problems, to include
specifically dealing with asbestos and service connection. However, the VA Adjudication Procedure Manual, M21-1 (M21-1), and opinions of the United States Court of Appeals for Veterans Claims (Court) and
On appeal from the Department of Veterans Affairs Regional Office in St. Louis, Missouri THE ISSUES 1. Entitlement to an effective date earlier than December 20, 2010 for the grant of service connection
On appeal from the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Entitlement to service connection for right hand mild degenerative joint disease of the first
On appeal from the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUES 1. Entitlement to service connection for diabetes mellitus, type II, to include as secondary to herbicide
claims based on exposure to asbestos. The DVB circular was subsumed verbatim as ง 7.21 of Adjudication Procedure Manual, M21-1, Part VI. (This has now been reclassified in a revision to the Manual at
over it, and it is referred to the AOJ for appropriate action. 38 C.F.R. § 19.9(b) (2014). FINDINGS OF FACT 1. The preponderance of the evidence fails to link the Veteran's COPD to service, to include
On appeal from the Department of Veterans Affairs Regional Office in Portland, Oregon THE ISSUES 1. Entitlement to service connection for diabetes mellitus, type II, as a result of exposure to herbicides.
sent to him in compliance with DVB Circular 21-88-8, Asbestos-Related Diseases (May 11, 1988) and M21-1, Part IV. M21-1MR, Part IV, Subpart ii, Chapter 1, Section H, Topic 29; DVB Circular 21-88-8, Asbestos-
or VA policy." The Board notes that new M21-1, M21-1, IV.ii.2.C.5, is effective August 7, 2015, and replaces prior M21-1MR, IV.ii.2.C.12. The RO obtained a March 2013 VA medical opinion. The examiner
diseases; nor has the Secretary promulgated any regulations). However, the VA Adjudication Procedure Manual, M21-1 (M21-1), and opinions of the United States Court of Appeals for Veterans Claims (Court)
On appeal from the Department of Veterans Affairs Regional Office in Waco, Texas THE ISSUES 1. Entitlement to service connection for a right leg disability, claimed as right leg pain. 2. Entitlement
to find that herbicides were not sprayed during the Veteran's service there, but the CAVC found that this finding was contrary to the M21-1 MR directives. There was no indication in the M21-1 MR that only
development of disease). M21-1MR, IV.ii.2.C.2.f. The M21-1 MR includes an MOS Handout to Determine Probability of In-Service Asbestos Exposure. See M21-1 MR, Part VI, Subpart ii, Chapter 1, Section I,
Circular have since been included in VA Adjudication Procedure Manual, M21-1, part VI, para. 7.21 (Oct. 3, 1997) (hereinafter "M21-1"). Subsequently, an opinion by the VA General Counsel discussed the
On appeal from the Department of Veterans Affairs Regional Office in St. Paul, Minnesota THE ISSUES 1. Entitlement to service connection for the cause of the Veteran's death. 2. Entitlement to service
the VA Adjudication Procedures Manual, M21-1 Manual Rewrite (M21-1MR) addresses asbestos-related compensation claims. See M21-1MR, Part IV, Subpart ii, Chapter 1, Section I, and Part IV, Subpart ii, Chapter
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