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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")
Law-M21-1 Provisions The central question of law in this case concerns the applicability of VA Fast Letter (FL)12-23 (Oct. 26, 2012), as now incorporated in the VBA Manual M21-1, Part V.iii.1.G.3.m. Room
On appeal from the Department of Veterans Affairs Regional Office in St. Louis, Missouri THE ISSUES 1. Entitlement to service connection for gout, characterized by joint symptomatology in the feet,
On appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in Philadelphia, Pennsylvania THE ISSUES 1. Whether new and material evidence has been received to reopen a claim for service
See VA Adjudication Procedures Manual "Live Manual" (M21-1) part IV, subpt. ii, ch. 1, sec. H.5.a; VBA C&P Service Bulletin (May 2010). VA based this determination of evidence contained in a declassified
On appeal from the Department of Veterans Affairs Regional Office in Winston-Salem, North Carolina THE ISSUES 1. Entitlement to an initial compensable evaluation for tension headaches prior to December
See M21-1, Part IV, Subpart ii, Chap. 1, Sec. I, Para. 3 [hereinafter M21-1] (M21-1, IV.ii.1.I.3), entitled "Developing Claims for Service Connection for Asbestos-Related Diseases, and M21-1, IV.ii.2.C.2
On appeal from the Department of Veterans Affairs Regional Office in Lincoln, Nebraska THE ISSUES 1. Entitlement to service connection for a thyroid disorder/Graves' disease, to include as due to exposure
in M21-1, Part IV, Subpart ii, Chapter 1, Section I, paragraph 6, subparagraph f, including furnishing the VA examiner all appendices shown in M21-1, Part IV, Subpart ii, Chapter 1, Section I, paragraphs
On appeal from the Department of Veterans Affairs Regional Office in Waco, Texas THE ISSUES 1. Entitlement to service connection for diabetes mellitus, to include as due to herbicide exposure. 2. Entitlement
Procedures Manual ("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 the development
and cancers of the gastrointestinal tract. See M21-1 MR, part IV, Subpart ii, Chapter 2, Section C, 9 (b). The M21-1 MR also provides the following non-exclusive list of occupations that have higher incidents
and contains clear findings. Stefl v. Nicholson, 21 Vet. App. 120 (2007); Nieves-Rodriguez v. Peake, 22 Vet. App. 295 (2008). Moreover, VA satisfied the DVB Circular and M21-1, Part IV requirements by
performance evaluation reports, or other credible evidence, herbicide exposure is to be conceded on a direct/fact-founds basis. See M21-1, part IV, subpt. ii, ch. 1, sec. H.5.b. The M21-1 provides further
provide no presumption of 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
Of particular relevance in this case is VA's Adjudication Procedure Manual, M21-1, Part III, Subpart v, Chapter 4, Section C.7.l (M21-1), which states that duties performed under ADOS-RC/ADSW may be for
The information and instructions from 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
from the Social Security Administration (SSA). The Veteran also reported treatment at A-1 Nail and Foot Care on a weekly basis for nail care and massages. A preliminary review of A-1 Nail and Foot Care
On appeal from the Department of Veterans Affairs Regional Office in Fort Harrison, Montana THE ISSUES 1. Whether new and material evidence has been received to reopen a previously denied claim of entitlement
have been included in VA Adjudication Procedure Manual, M21-1 MR, part IV, Subpart ii, Chapter 2, Section C (December 13, 2005). In this regard, the M21-1 MR provides the following non-exclusive list of
On appeal from the Department of Veterans Affairs (VA) Regional Office in Roanoke, Virginia THE ISSUES 1. Whether new and material evidence has been received to reopen a claim of entitlement to service
outlined in the VA Adjudication Procedure Manual (M21-1) in order to attempt to verify the Veteran's participation in project SHAD. See M21-1, Part IV, Subpart ii, 1.I.7. Additionally, the AOJ should follow
On appeal from the Department of Veterans Affairs Regional Office in Roanoke, Virginia THE ISSUES 1. Whether new and material evidence has been submitted to reopen a claim for entitlement to service
On appeal from the Department of Veterans Affairs Regional Office in Philadelphia, Pennsylvania THE ISSUES 1. Entitlement to service connection for a lung disability, to include as due to asbestos exposure.
On appeal from the Department of Veterans Affairs Regional Office in Philadelphia, Pennsylvania THE ISSUES 1. Entitlement to service connection for lung cancer, to include as due to exposure to herbicides
claims, nor has the Secretary promulgated any regulations in regard to such claims. However, the VA Adjudication Procedure Manual, (VBA Manual M21-1), IV.ii.2.C, provides information concerning claims
in Appendix B of VA Manual M21-1 and are to be given the same force and effect as if published in VA regulations. 38 C.F.R. § 3.21. Effective December 1, 2009, the maximum annual rate of improved pension
On appeal from the Department of Veterans Affairs Regional Office in Roanoke, Virginia THE ISSUES 1. Entitlement to service connection for left arm numbness. 2. Entitlement to service connection for
net worth in the first instance (see M21-1, Part V, Subpart iii, Chapter 1, Section A.1.f.; and M21-1, Part V, Subpart iii, Chapter 1, Section A.41.b. and c.), the Board must conclude that net worth is
On appeal from the Department of Veterans Affairs Regional Office in New Orleans, Louisiana THE ISSUES 1. Entitlement to a rating in excess of 10 percent for diabetic neuropathy of the right lower extremity
M21-1, IV.ii.1.H.2.k. However, it also provides that if a veteran claims exposure to herbicides due to transport, storage, or use aboard a Navy ship, a copy of the JSRRC memorandum shown in M21-1, Part
action. In that remand, the Board recharacterized the claim of service connection for asbestosis to include all currently diagnosed pulmonary disorders. See Clemmons v Shinseki 23 Vet App 1 (2009). This
no presumption of 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
provisions exist in the M21-1 regarding VA opinions related to Camp Lejeune claims; such provisions must be followed. See M21-1, Part IV, Subpart ii, 1.I.6.f. The medical professional must address whether
Manual, M21-1MR (M21-1MR) (Manual) contains provisions relative to the allowance of items of expense in connection with a claim for reimbursement under 38 U.S.C.A. § 5121(a)(6). M21-1MR, Part VIII, Chapter
in January 2016. Those claims have not yet been returned to the Board for further appellate action and will accordingly not be addressed herein. FINDINGS OF FACT 1. The Veteran is conceded to have
in the VA Adjudication Procedures Manual M21-1 (M21-1), Part IV, Subpart ii, Chapter 2, Section C, Subsection 10, Paragraph o. Pursuant to the M21-1, the Appellant should be asked again to provide the
Circular since have been included in VA Adjudication Procedure Manual, M21-1, part IV, Subpart ii, Chapter 2, Section C (August 7, 2015). In this regard, the M21-1 provides the following non-exclusive
dealing with asbestos and service connection. However, the VA Adjudication Procedure Manual, M21-1 (M21-1), and opinions of the Court and VA General Counsel provide guidance in adjudicating these claims.
On appeal from the Department of Veterans Affairs Regional Office in Milwaukee, Wisconsin THE ISSUES 1. Entitlement to a compensable rating for bilateral hearing loss (formerly claimed as left ear hearing
On appeal from the Department of Veterans Affairs Regional Office in Denver, Colorado THE ISSUES 1. Entitlement to service connection for diabetes mellitus, type II, including as due to exposure to
On appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in San Juan, the Commonwealth of Puerto Rico THE ISSUES 1. Whether new and material evidence to reopen a claim for service
On appeal from the Department of Veterans Affairs Regional Office in Pittsburgh, Pennsylvania THE ISSUES 1. Entitlement to service connection for residuals of rheumatic fever. 2. Entitlement to
2 Vet. App. 307, 308 (1992) (quoting United States v. Chem. Found., Inc., 272 U.S. 1, 14-15, 47 S.Ct. 1, 71 L.Ed. 131 (1926)). Further, the Veteran was not service-connected for any disabilities at the
On appeal from the Department of Veterans Affairs Medical and Regional Office Center in Wichita, Kansas THE ISSUES 1. Entitlement to an initial compensable rating for migraines. 2. Entitlement to
ง 20.900(c) (2015). 38 U.S.C.A. ง 7107(a)(2) (West 2014). FINDINGS OF FACT 1. The Veteran did not sustain arteriosclerosis (coronary heart disease and/or ischemic heart disease), in service or
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. Effective December 1, 2011 for the period until December
On appeal from the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Entitlement to service connection for transitional cell bladder cancer. 2. Entitlement to
On appeal from the Department of Veterans Affairs Regional Office in Pittsburgh, Pennsylvania THE ISSUES 1. Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic
appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2015). 38 U.S.C.A. § 7107(a)(2) (West 2014). FINDINGS OF FACT 1. Many years after service, the Veteran developed
On appeal from the Department of Veterans Affairs Regional Office in Detroit, Michigan THE ISSUES 1. Whether new and material evidence has been received sufficient to reopen a service-connection claim
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