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December 2, 2021 update

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Query: ("m21-1")
Citation Nr: 19129152 Decision Date: 04/15/19 Archive Date: 04/15/19 DOCKET NO. 17-20 443 DATE: April 15, 2019 ORDER 1. The application to reopen the claim of entitlement to service connection
neurosis, to include as an undiagnosed illness resulting from service in Southwest Asia during the Persian Gulf War, is remanded. FINDINGS OF FACT 1. An unappealed June 2009 rating decision denied
that the Board failed to address the definition of normal hearing as prescribed by VA s April 1970 M21-1 Adjudication Procedures Manual (M21-1), ¶50.07a (1970) or the necessity of conversion from International
6, 2019 ORDER Service connection for right ear hearing loss is denied. Service connection for tinnitus is denied. FINDINGS OF FACT 1. The Veteran s right ear hearing loss is not linked
for why it finds the M21-1 an accurate guideline for its decision. Id. The Board finds that the M21-1 provisions regarding asbestos exposure provide an accurate guideline for assisting the Board in
to include forwarding VA s standardized claim form to the Veteran. 38 C.F.R. § 19.9 (b) FINDINGS OF FACT 1. The Veteran did not serve in an area in which exposure to herbicide agents may be presumed
is denied. Entitlement to Dependency and Indemnity Compensation (DIC) under the provisions of 38 U.S.C. § 1318 is denied. FINDINGS OF FACT 1. The Veteran died in July 2011; the death certificate
10, 2019 ORDER Service connection for the cause of the Veteran's death is denied. FINDINGS OF FACT 1. The Veteran died in October 1982. The death certificate lists the cause of death as bronchopneumonia
was found to have been exposed, based on the criteria outlined in the M21-1. See, M21-1, Part IV., Subpart ii., Chapter 1., Section H., Topic 5., paragraph b. Accordingly, the Veteran is invited to submit
claims based on asbestos exposure M21 1,VBA Adjudication Procedure Manual M21 1, part IV, Subpart ii, Ch 2, Section C (November 4, 2016). In this regard, the M21-1 provides the following non-exclusive list
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 that a special consideration of herbicide exposure
several guidelines for compensation claims based on asbestos exposure M21 1,VBA Adjudication Procedure Manual M21 1, part IV, Subpart ii, Ch 2, Section C (November 4, 2016). In this regard, the M21-1 provides
an examination is warranted to determine the etiology of the disability. See VA Adjudication Procedures Manual (M21-1), Part IV, Subpart ii, Chapter 1, Section I, Topic 3. The Veteran s DD Form 214
1 provides information concerning claims for service connection for disabilities resulting from asbestos exposure. See M21-1, III.i.3.A.2.a. According to the M21-1, asbestos is a fibrous form
relevant provisions of the VA s Adjudication Procedure M21-1 (M21-1), the Veteran had revoked or retracted his withdrawal. The Board notes that the provisions set out in M21-1, III.ii.2.G.4.a., Processing
service connection for kidney disease is denied. Entitlement to service connection for hearing loss, tinnitus, and vertigo are dismissed. FINDINGS OF FACT 1. The Veteran s lung disability, including
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 October 9, 2018).
excess of 30 percent for service-connected nonunion fracture of the right ankle with ankylosis, tendonitis, and degenerative changes is denied. FINDINGS OF FACT 1. Prior to September 18, 2015, the
as an Aircraft Maintenance Officer. According to the VA Adjudication Procedures Manual (M21-1), this MOS entails a minimal probability of exposure. M21-1,IV.ii.I.3.d. The M21-1 instructs that when there
strength and with characteristics of tactical herbicides. Parseeya-Picchione v. McDonald, 28 Vet. App. 171, 177 (2016). The VA Adjudication Manual (M21-1) explains that the Compensation Service
less than 5 degrees dorsiflexion or less than 10 degrees plantar flexion. See id. The M21-1 is not binding on the Board and, to rely on the M21-1, the Board must conduct an independent analysis before
VBA Manual M21-1, III.iv.4.A.3.k. Marked limitation of motion is demonstrated when there is less than 5 degrees dorsiflexion or less than 10 degrees plantar flexion. See id. The M21-1 is not binding
a PTSD rating in excess of 70 percent is denied. REMANDED Entitlement to service connection for sleep apnea is remanded. FINDINGS OF FACT 1. The Veteran filed a claim for service connection
Entitlement to an initial compensable rating for a bilateral foot disability is remanded. FINDINGS OF FACT 1. In an April 1995 decision, the RO denied the claim for service connection for a dental
See VBA Manual M21-1, III.iv.4.A.3.k. The M21-1 is not binding on the Board. DAV v. Sec y of Veterans Affairs, 859 F.3d 1072, 1077 (Fed. Cir. 2017) The M21-1 Manual is binding on neither the agency
See M21-1, III.iv.4.A.3.k. The M21-1 is not binding on the Board. However, the Board must address relevant provisions of the M21-1 and conduct an independent analysis before determining whether the
preponderance of the evidence is against the claim, in which case, service connection must be denied. Gilbert v. Derwinski, 1 Vet. App. 49 (1990). 1. Prostate Cancer, BUE and BLE peripheral neuropathy
TDIU) is denied. REMAND Entitlement to service connection for right ear hearing loss is remanded. FINDINGS OF FACT 1. The Veteran did not serve in the Republic of Vietnam and was not otherwise
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 as if published in
herbicide exposure in Thailand on a direct basis. See VBA Manual M21-1, IV.ii.1.H.5.b. [VA Manual M21-1 reflects the policy of the Veterans Benefit Administration (VBA), and not the policy of the VA Secretary,
to a total disability rating for individual unemployability (TDIU) is remanded. FINDINGS OF FACT 1. The Veteran filed a claim for service connection for his back disability that was denied by a January
is insufficient for the Board to simply rely on an M21-1 provision without first independently reviewing the matter and providing a reasoned explanation for why it finds the M21-1 an accurate guideline
can be found in the VA Adjudication Procedures Manual (M21-1). The M21-1 states that moderate limitation of ankle motion is present when there is less than 15 degrees dorsiflexion or less than 30 degrees
tract. See M21-1, part IV, Subpart ii, Chapter 2, Section C, 2 (b). The M21-1 also provides the following non-exclusive list of occupations that have higher incidents of asbestos exposure: mining, milling,
from hazards or dangers of her daily environment. VA s M21-1 Adjudication Procedures Manual M21-1, V.iii.1.G.3.e. [VA Manual M21-1 reflects the policy of the Veterans Benefit Administration (VBA), and
to reach the underlying claim and adjudicate it on a de novo basis. See Jackson, 265 F.3d 1366; see also Barnett v. Brown, 83 F.3d 1380, 1383 (Fed. Cir. 1996), aff g 8 Vet. App. 1 (1995). 1. Whether
Citation Nr: 19183279 Decision Date: 11/04/19 Archive Date: 11/04/19 DOCKET NO. 17-06 007 DATE: November 4, 2019 ISSUES 1. Whether new and material evidence has been received to reopen the claim
of asbestos exposure, VA has several guidelines for compensation claims based on asbestos exposure M21-1, VBA Adjudication Procedure Manual M21-1, part IV, Subpart ii, Ch 2, Section C. In this regard,
is recognized. See M21-1 (Adjudication Procedures Manual), Part IV, Subpart ii, 1.H.5.b. VA s Adjudication Procedures Manual, M21-1, states that a special consideration of herbicide exposure on a
provisions relating to claimed herbicide exposure in Thailand were rescinded and replaced with new M21-1 provisions, and were thereafter subject to additional revision. The current version of M21-1, Part
Citation Nr: 19112862 Decision Date: 02/21/19 Archive Date: 02/21/19 DOCKET NO. 15-30 310 DATE: February 21, 2019 ISSUES 1. Evaluation of migraine headaches, currently evaluated as 50 percent
for cold injury, right foot, to include the right great toenail, (claimed as residuals of cold injuries) based on CUE is denied. FINDINGS OF FACT 1. The Veteran did not appeal either the June 2013
referred to as the M21-1, the information obtained from VADIR is considered an electronic DD Form 214, and is acceptable for verification of service. See M21-1.III.ii.6.B.3.c. The M21-1 is an internal
with compensation claims based on asbestos exposure. VBA Adjudication Procedure Manual M21-1, part IV, Subpart ii, Ch 2, Section C. In this regard, the M21-1 provides the following non-exclusive list
or less than 10 degrees plantar flexion. See M21-1, III.iv.4.A.3.k. The M21-1 is not binding on the Board. However, the Board must address relevant provisions of the M21-1 and conduct an independent
specifically noted that the Board is not bound by the M21-1. See also Overton v. Wilkie, 2018 U.S. App. Vet Claims LEXIS 1251). When relying on any M21-1 provision, the Board must independently review
claims, nor has the Secretary promulgated 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.
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 October 9, 2018). With respect to claims
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 Connection for Asbestos-
been over 95 through this appeal, he has a life expectancy of 3 years under the M21-1, Part V, iii, 1, J. The Board finds that even if it were to round up significantly to $4000 per year of expenses,
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