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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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On appeal from the Department of Veterans Affairs Regional Office in Lincoln, Nebraska THE ISSUES 1. Entitlement to service connection for a skin disorder, to include as due to herbicide (Agent Orange)
Management System ("VBMS"). Accordingly, any future consideration of this Veteran's case should take into consideration the existence of this electronic record. FINDINGS OF FACT 1. In a November 1971
with no dependents, in receipt of aid and attendance. 38 U.S.C.A. § 1541 (West 2014); 38 C.F.R. §§ 3.23, 3.273 (2016). See also, pertinent provisions of VA Adjudication Manual, M21-1. REASONS AND
for service connection for asbestos-related diseases can be found in Part IV of the M21-1. See, e.g., VBA Manual M21-1, IV.ii.1.I.3, IV.ii.2.C.2 (last accessed October 11, 2017). The M21-1 provides
On appeal from the Department of Veterans Affairs Regional Office in Muskogee, Oklahoma THE ISSUES 1. Entitlement to a disability rating for impairment of the sciatic nerve of the right lower extremity
On appeal from the Department of Veterans Affairs Regional Office in Roanoke, Virginia THE ISSUES 1. Entitlement to a rating in excess of 10 percent for radiculopathy of the right lower extremity prior
by evidence of daily work duties, performance evaluation reports, or other credible evidence. See M21-1, IV.ii.1.H.5.b. For U.S. Army veterans who served at RTAFBs during the Vietnam era, the M21-1 provides
been incurred in service. 38 U.S.C.A. ง 1116(a)(1); 38 C.F.R. ง 3.307(a)(6). In addition, a veteran who during active military service between April 1, 1968, and August 31, 1971, served in a unit
tidal influence. M21-1 pt. IV, subpt ii. § 1.H.2.b (last accessed October 11, 2017). The revised M21-1 specifically lists Da Nang Harbor as offshore waters (blue-water Navy service). M21-1, pt. IV,
are published in tabular form in appendix B of Veterans Benefits 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.
further in the body of the Remand above) in accordance with the M21-1. See M21-1, Part IV, Subpart ii, Chapter 1, Section H.7.a. The AOJ is informed that this includes, if necessary, submitting multiple
in locations excluding Vietnam or the Korean DMZ or Thailand. See M21-1, Part IV, Subpart ii, Chapter 1, Section H, Topic 7, Block a (November 21, 2016). Step 1 of the M21-1 table states that the AOJ
was shown to be a metastasis of his bladder cancer, the claim remains deferred and unadjudicated by the RO, pending the outcome of the appeal for service connection for PTSD. FINDINGS OF FACT 1. The
On appeal from the Department of Veterans Affairs Regional Office in Lincoln, Nebraska THE ISSUES 1. Entitlement to service connection for diabetes mellitus, type II, to include as due to exposure to
is excessive for any claimant who has an estate of $80,000 or greater. See VBA Manual M21-1, V.iii.1.J.4.b. A number of variables must be taken into consideration when making a net worth determination
On appeal from the Department of Veterans Affairs Regional Office in Muskogee, Oklahoma THE ISSUES 1. Entitlement to service connection for chronic obstructive pulmonary disease (COPD) with interstitial
On appeal from the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUES 1. Entitlement to service connection for type II diabetes mellitus, including as due to exposure to
On appeal from the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUES 1. Whether new and material evidence has been received to reopen a claim of entitlement to service connection
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 M21-1, Part VI, para. 7.21 (Oct. 3,
of his or her service involved duty or visitation in the Republic of Vietnam. See VA Adjudication Manual, M21-1MR, IV.ii.2.C.10.k [M21-1MR]; Haas v. Peake, 545 F.3d 1168 (2008). When a veteran claims
its decisions are "equitable and just." 38 C.F.R. § 4.6. VA's Adjudication and Procedures Manual (M21-1) also provides additional guidance for determining the severity of peripheral nerve disabilities.
the DVB Circular since have been included in VA Adjudication Procedure Manual, M21-1, part IV, Subpart ii, Chapter 2, Section C, Topic 2 (Mar. 4, 2017). In this regard, the M21-1 provides the following
On appeal from the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Entitlement to service connection for left face nerve damage, to include as secondary to a
On appeal from the Department of Veterans Affairs Regional Office in San Diego, California THE ISSUES 1. Entitlement to service connection for a left knee disability. 2. Entitlement to service connection
Administration Manual M21-1 (M21-1), and are given the same force and effect as if published in Title 38 of the Code of Federal Regulations. 38 C.F.R. § 3.21. See also VBA Manual M21-1, V.iii.1.E.2.
On appeal from the Department of Veterans Affairs Regional Office in Pittsburgh, Pennsylvania THE ISSUES 1. Entitlement to service connection for skin cancer, claimed as due to exposure to herbicide
to Compensation Service. VBA Manual M21-1, Part IV, Subpart ii, 1.F.3. In addition, concerning exposure to other testing at Edgewood Arsenal, the M21-1 Manual notes that Chemical Biological Radiological
form upon request for VA benefits); 38 C.F.R. ง 19.9(b) (2016) (continuing to provide for Board referral of unadjudicated claims). FINDINGS OF FACT 1. VA's February 2016 guidance that Da Nang Harbor
1]." The M21-1 has specific procedures for developing claims based on herbicide agent exposure in locations other than Vietnam, Korea or Thailand. See M21-1, Part IV, Subpart ii, Chapter 1, Section H.7.a.
Procedure Manual, M21-1, part IV, Subpart ii, Chapter 2, Section C, Topic 2 (Mar. 4, 2017). In this regard, the M21-1 provides the following non-exclusive list of asbestos-related diseases/abnormalities:
Citation Nr: 1744129 Decision Date: 10/03/17 Archive Date: 10/13/17 DOCKET NO. 17-03 562 DATE Advanced on the Docket THE ISSUES 1. Whether the Veteran presented new and material evidence to
On appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in Oakland, California THE ISSUES 1. Whether new and material evidence to reopen a claim for service connection claim for
On appeal from the Department of Veterans Affairs Regional Office in Waco, Texas THE ISSUES 1. Whether new and material evidence has been received to reopen a claim of service connection for degenerative
i.e., nexus) between his claimed disability and his military service. See Milostan v. Brown, 4 Vet. App. 250, 252 (1993) (citing Moore v. Derwinski, 1 Vet. App. 401 (1991) and O'Hare, 1 Vet. App. at 367).
guidelines for compensation claims based on asbestos exposure M21 1,VBA Adjudication Procedure Manual M21 1, part IV, Subpart ii, Ch 2, Section C (August 7, 2015). In this regard, the M21-1 provides the
exposure during active duty. If so, the second question is whether the evidence establishes a relationship between that exposure and the claimed disease. VA ADJUDICATION PROCEDURE MANUAL M21-1, Part IV,
Purple as discussed further in the body of the Remand above) in accordance with the M21-1. See M21-1, Part IV, Subpart ii, Chapter 1, Section H.7.a. The AOJ is informed that this includes, if necessary,
another. See Evans at 31; see also Colvin v. Derwinski, 1 Vet. App. 171 (1991). In Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990), the United States Court of Appeals for Veterans Claims (Court) stated
On appeal from the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Entitlement to service connection for a traumatic brain injury (TBI). 2. Entitlement to service
makes such a level of care necessary, or VA has determined the person is entitled to the A&A or housebound allowance." See M21-1, Part V, Subpart iii, Chapter 1, Section G.3.l. The M21-1 further states
On appeal from the Department of Veterans Affairs Regional Office in Roanoke, Virginia THE ISSUES 1. Entitlement to an initial compensable evaluation for service-connected dermatophytosis of the bilateral
See M21-1, III.iv.4.G.7.b. Prostration is substantially defined by how the disabled individual subjectively feels and functions when having migraine headache symptoms. See M21-1, III.iv.4.G.7.c. However,
VA's Adjudication Procedures Manual addresses these types of claims. 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
On appeal from the Department of Veterans Affairs Regional Office in Chicago, Illinois THE ISSUES 1. Entitlement to service connection for sleep apnea, to include as due to an undiagnosed illness. 2.
is described in the M21-1 Live Manual and should be carried out by the Muskogee AOJ, if the Veteran meets the requirements listed in the M21-1: Specifically, sending a Mustard gas development letter to
On appeal from the Department of Veterans Affairs Regional Office in Winston-Salem, North Carolina THE ISSUES 1. Entitlement to service connection for a brain tumor. 2. Entitlement to service connection
emphysema. Consequently, the Board will reframe the claim as lung disability to include all of the aforementioned diseases. See Clemons v. Shinseki, 23 Vet.App. 1 (2009). In November 2010, the Veteran
On appeal from the Department of Veterans Affairs Regional Office in Waco, Texas THE ISSUES 1. Entitlement to an initial evaluation in excess of 10 percent for peripheral neuropathy involving the left
or the Department of Defense (DOD), listed in VA Adjudication Procedure Manual, M21-1 (M21- 1), as being at or near the Korean DMZ during that time period. 38 CFR 3.307; M21-1, Part IV, Subpart ii, 1.H.4.a.
asbestos exposure, and whether there is a relationship between asbestos exposure and the claimed disease. See M21-1, Part IV, Subpart ii, Chapter 1, Section I. 3. a-f. The Board notes that M21-1, Part
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