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The RO training manual: M21-1

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pwrslm

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This is the guidebook for rating officials. It contains the rules that are supposed to comply with court precedents regarding USC 38 and the CFR 38 with is everything about claims for VA benefits. Its complex, but if you are in the middle of an issue with the VA and need to find out what they should/should not do, this is the basic manual that the raters should follow.  
Just click on the link and it will put you on the official site where this information is published.
 
Article ID: 554400000073398
M21-1 Table of Contents

 

M21-1 Table of Contents

Part I   Claimants Rights and Responsibilities

Part III   General Claims Process

Part IV   Compensation, DIC, and Death Compensation Benefits

Part V   Pension and Parents Dependency and Indemnity Compensation (DIC)

Part VI   Chapter 18 Benefits

Part VII   Burial Benefits
Part VIII   Accrued Benefits
Part IX   Ancillary and Special Benefits
Part X   Matching Programs
Edited by pwrslm
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Yes this is a Valuable entity!

I have used portions of M21-1 MR for CUE claims. Also these regulations often cite Precedent CAVC cases that saves us time.

For example under the way the determine accrued claims it states:

For more information on the definition of claims pending at the date of death, see
Taylor v. Nicholson, 21 Vet.App. 126 (2007)."
 
In Taylor the VARO and BVA  held that the widow did not have  a basis for an accrued claim.
This claim took 7 years to be awarded.
CAVC stated:

What the case is about:

The Court held that, for the purpose of accrued benefits, a claim is still considered pending, and not finally adjudicated, if the one year period for filing of a Notice of Disagreement (NOD) has not expired after the date of notice of an award or disallowance. 

Impact on VBA:

Manual MR VIII.3.1.a will be revised to comply with the Federal Circuit’s holding."

https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014769/Taylor-v.-Nicholson,-May-9,-2007,-21-Vet.App.-126

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Could we pin this one, keep it in sight for everyone?

Ben Kraus had put the M21-1 into PDF format but when they changed it to the knowva site, and updated the manual, Ben's was out of date. This is on the VA website and it should be updated regularly. I have collected a folder w/M21-1 sections that I use in claims. This is the best source I have found outside of HADIT so far.

Edited by pwrslm
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I thought it was here , and have given links to specific parts in replies but you are right -this needs to be pinned.

 

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