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December 2, 2021 update

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herbicide exposure in Thailand is recognized. See M21-1 Manual, M21-1MR, Part IV, Subpart ii, Chapter 2, Section C.10.r. If a Veteran was exposed to an herbicide agent during active service, the following
to an initial compensable rating for bilateral hearing loss is remanded. FINDINGS OF FACT 1. Although the Veteran was most likely exposed to asbestos during active service, he does not have a respiratory
Therefore, additional development consistent with the M21-1 is warranted. See M21-1, Part IV, subpart ii, chapter 1, section I, topic 6 (Developing Claims Based on Exposure to Other Specific Environmental
Eligibility Section at the VA Medical Center, who is responsible to determine whether the Veteran is eligible for any dental treatment. See 38 C.F.R. ง 3.381(a) (2017); VBA Live Manual, M21-1, Part III,
such is necessary to make a decision on the claim, as defined by law. Green v. Derwinski, 1 Vet. App. 121 (1991); Schafrath v. Derwinski, 1 Vet. App. 589 (1991); 38 C.F.R. § 3.327(a) (2014). The late
On appeal from the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUES 1. Entitlement to an increased disability rating in excess of 10 percent for post traumatic headaches prior
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. 2. Entitlement to service
decision granted service connection for migraine headaches with visual aura, which was assigned an initial 10 percent disability rating, effective August 1, 1972, but denied service connection for loss
On appeal from the Department of Veterans Affairs Regional Office in Milwaukee Pension Center THE ISSUES 1. Entitlement to nonservice-connected special monthly pension based on the need for aid and
for the establishment of basic eligibility to Dependents' Educational Assistance (DEA) is remanded. FINDINGS OF FACT 1. The Veteran withdrew his appeal for a skin disorder due to circumcision in a May
Cir. 2017) (there is no notice-and-comment rulemaking for [M21-1] revisions; the M21-1 is an internal manual used to guide VA
exposure to herbicide agents in Thailand during the Vietnam Era. See VA Adjudication Procedures Manual, M21-1, Part IV.ii.1.H.5.b (herein M21-1). The M21-1 states that Compensation Service has determined
Citation Nr: 1815225 Decision Date: 03/09/18 Archive Date: 03/19/18 DOCKET NO. 14-01 266 DATE THE ISSUES 1. Entitlement to an increased disability evaluation for degenerative joint disease,
3.102, 3.159, 3.321, 3.326(a), 4.7, 4.10, 4.14, 4.40, 4.45, 4.59, 4.124a, Diagnostic Code 8513 (2017); M21 1.III.iv.4.N.5.b. 5. The Schedule For Rating Disabilities and the M21-1 do not permit a rating
disease (COPD) and non-small cell lung cancer is denied. Entitlement to service connection for the cause of the Veteran's death is denied. FINDINGS OF FACT 1. The Veteran did not serve in country or
inland waterway will be determined by drawing a straight line across each opening in the landmass leading to the open ocean. See VBA Manual M21-1, IV.ii.1.H.2.a.; see also VBA Manual M21-1, IV.ii.2.C.3.m.
for very frequent, but the VBA Manual M21-1 provides guidance regarding frequency of migraines as it applies to DC 8100. Specifically, the VBA Manual M21-1 states that the overall rating criteria
of service connection for the cause of the Veteran's death, to include whether there is clear and unmistakable error (CUE) in prior rating decisions, is denied. FINDINGS OF FACT 1. A September 2008 rating
as due to herbicide exposure, is denied. Entitlement to service connection for diabetes mellitus, type II, to include as due to herbicide exposure, is denied. FINDINGS OF FACT 1. Diabetes mellitus, type
for atrial fibrillation is denied. Entitlement to service connection for hypertension is denied. FINDINGS OF FACT 1. A July 2010 rating decision denied service connection for diabetes mellitus, type
is remanded. Entitlement to a total disability rating based upon individual unemployability (TDIU) is remanded. FINDINGS OF FACT 1. Throughout the period on appeal, the Veteran s bilateral lower
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 notice should be provided prior to an
On appeal from the Department of Veterans Affairs Regional Office in Huntington, West Virginia THE ISSUES 1. Entitlement to service connection for colon cancer, to include as due to exposure to an herbicide
a veteran s exposure to herbicide agents in Thailand during the Vietnam Era. See VA Adjudication Procedures Manual, M21-1, Part IV, Subpart ii, Chapter 1, Section H.5 (herein M21-1. VA has determined
other joint owner). The rates of death pension benefits (MAPR) 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
related 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
and the claimed disease in light of the latency and exposure factors. M21-1, Part IV, Subpart ii, Chapter 2, Section C, Subsection (h). In this regard, the M21-1 provides the following non-exclusive list
rating is granted from November 1, 2010, to October 1, 2013, a rating in excess of 60 percent from From October 2, 2013, to December 9, 2013, and from March 1, 2014, to October 14, 2016 is denied, and a
Procedure Manual, M21-1, and opinions of the Court and General Counsel provide guidance in adjudicating these claims. VA s M21-1 provides the following non-exclusive list of asbestos-related diseases/
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
be considered to have been incurred in service. 38 U.S.C. xA7 1116(a)(1); 38 C.F.R. xA7 3.307(a)(6). In addition, a veteran who during active military service between April 1, 1968, and August 31,
Manual M21-1, III.iv.4.N.4.g., Determining Individual Nerves Affected in the Upper and Lower Extremities When Evaluating Disabilities; see also M21-1, III.iv.4.A.4.a., Evaluating Manifestations of Spine
compensation claims based on exposure to asbestos. 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
favorable even if the claim fails. The Board also notes that it is not relying on the M21-1 to deny the Veteran s claim. The M21-1 provides that, when considering these types of claims, VA must determine
on exposure to asbestos. The DVB circular was subsumed verbatim as § 7.21 of Adjudication Procedure Manual, M21-1, Part VI, which has now been reclassified in a revision to the Manual at M21- 1, Part IV,
Likewise, applicable criteria 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
should be afforded a VA examination for his left eye disability. The remand order acknowledged that the Veteran was incarcerated, and directed the RO to comply with the requirements of M21-1, Part III,
Citation Nr: 18133004 Decision Date: 09/10/18 Archive Date: 09/07/18 DOCKET NO. 15-42 107 DATE: September 10, 2018 ORDER 1. Entitlement to service connection for diabetes mellitus type 2 is denied.
Citation Nr: 18117704 Decision Date: 07/12/18 Archive Date: 07/11/18 DOCKET NO. 17-08 044 DATE: July 12, 2018 ORDER 1. New and material evidence has not been received to reopen the claim for service
SMC) at the housebound rate is granted from November 8, 2012, to October 6, 2017. FINDINGS OF FACT 1. From February 1, 2012, to October 6, 2017, the Veteran s IHD was manifested by chronic congestive
regulations in regard to such claims. Nevertheless, the M21-1 (Developing Claims for SC for Asbestos-Related Diseases) does provide guidance. See M21-1, pt. IV, subpt. ii, §1.I.3 (last accessed on April
due to asbestos exposure. However, the VA Adjudication Procedure Manual, M21-1, and opinions of the Court and General Counsel provide guidance in adjudicating these claims. VA s M21-1 provides the
any regulations in regard to such claims. Nevertheless, the M21-1 (Developing Claims for SC for Asbestos-Related Diseases) does provide guidance. See M21-1, pt. IV, subpt. ii, §1.I.3 (last accessed
Procedure Manual, M21-1, Part VI (this has now been reclassified in a revision to the Manual at M21- 1MR, Part IV, Subpart ii, Chapter 2, Section C). See also VAOPGCPREC 4-00. The guidelines provide that
IV.ii.2.C.10.q. In conjunction, the Veteran's Benefits Administration Manual M21-1 (M21-1 MR) provides specific procedures for verifying herbicide exposure in locations other than the Republic of Vietnam
On appeal from the Department of Veterans Affairs Regional Office in Newark, New Jersey THE ISSUES 1. Entitlement to a compensable evaluation for service-connected bilateral hearing loss disability.
be conceded on a direct/fact-founds basis. See M21-1, part IV, subpt. ii, ch. 1, sec. H.5.b. The Board notes that the M21-1 sets forth procedures to verify exposure to herbicides based on service in Thailand
which has a high probability of exposure to asbestos. This presumably was in reference to a portion of VA s Adjudication Procedures Manual (M21-1) that addresses asbestos and which includes a table
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). The M21-1 MR provides the following non- exclusive list
On appeal from the Department of Veterans Affairs Regional Office in Jackson, Mississippi THE ISSUES 1. Entitlement to an increased evaluation for status-post healed left inguinal herniorrhaphy, with
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