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M21-1mr — Changes By Date


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This page contains the most recent Changes to M21-1MR, IN CHRONOLOGICAL ORDER. Links are provided for the transmittal sheet and the full document which is the complete text of the change. The released to the field date is the date that your local Publication Control Officer was notified of the change. The NEWEST change will always be on the top of the list.

Remember, use [ Ctrl — F ] to Find something on this page.

http://vbaw.vba.va.gov/bl/21/M21-1MR/changes-by-date.htm

12-13-2005

— Released to the field: 12-21-2005

— Transmittal Sheet

Transmittal Sheet

M21-1MR Parts III, IV, and V

Manual Rewrite Version This is a consolidated transmittal sheet for the release of the rating-related Manual Rewrite (MR) chapters located in Parts III, IV, and V.

Attached is M21-1MR, Part III, Subpart iii, Chapters 1 through 4 on General Development. The new chapters of Part III, Subpart iii, incorporate information on:

· Development Rules and Process

· Developing for Service Records

· Information Requests to and from the Social Security Administration (SSA)

· Information Requests to or from Other Federal and State Agencies

Attached is M21-1MR, Part III, Subpart iv, Chapters 1 through 8 on General Rating. The new Part III, Subpart iv, incorporates information on:

· General Information on Rating Activity

· Reviewing Claims

· Examinations

· Rating Specific Disabilities

· Evaluating Evidence and Making a Decision

· The Rating Decision

· Finalizing and Reviewing the Rating Decision

· Competency, Rating Due Process, and Protection

Attached is M21-1MR, Part IV, Subpart ii, Chapters 1 through 3 on Compensation. The Part IV, Subpart ii, incorporates information on:

· Development

· Rating

· Authorization Issues and Claimant Notification

Continued on next page

Transmittal Sheet, Continued

M21-1MR Parts III, IV, and V Parts III, IV, and V (continued) Attached is M21-1MR, Part IV, Subpart iii, Chapters 1 through 3 on Dependency and Indemnity Compensation (DIC) and Death Compensation. The new Part IV, Subpart iii, incorporates information on:

· Developing for DIC and Death Compensation Claims

· Rating DIC and Death Compensation Claims

· Authorization and Notification in DIC and Death Compensation Claims

Attached is M21-1MR, Part V, Subpart i, Chapters 1 through 3 on Eligibility and Development for Pension and Parents’ DIC Benefits. The new Part V, Subpart i, incorporates information on:

· Overview of Eligibility and Development Requirements for Pension and Parents’ DIC

· Original Disability Pension

· Income and Net Worth Development

Attached is M21-1MR, Part V, Subpart ii, Chapters 1 through 3 on Rating Pension and Parents’ DIC. The new Part V, Subpart ii, incorporates information on:

· Live Pension Ratings

· Death Pension Ratings

· Special Monthly Pension (SMP) Ratings

Note: “TBD” (to be determined) after a reference indicates that the referenced material is located in a part of M21-1MR that has not yet been published.

Continued on next page

Transmittal Sheet, Continued

Notable Changes Included in this Release The following notable changes have been made to information that was previously in M21-1 and is included in this release.

Service Records

III.iii.2 reflects the new name for Center for Unit Records Research (CURR): U.S. Army and Joint Services Records Research Center (JSRRC).

III.iii.2.B clarifies the service record migration process for each branch of service. Information about the corresponding Personnel Information Exchange System (PIES) address code to request service records can be found in III.iii.2.J.

III.iii.2.D.23 shows information on PIES program codes C03, C04, O40, O41, O42, and O43.

III.iii.2.K includes updated contact information for PIES address codes.

VA Examinations

III.iv.3.A.5 shows that

· the policies for examining pregnant servicewomen also apply to pregnant veterans

· claims from pregnant servicewomen participating in the Benefits Delivery at Discharge (BDD) Program are processed at the regional office of jurisdiction, rather than at the BDD Rating Activity Site

· the BDD Intake Site establishes end product (EP) 684 to control the BDD claims development process and clears the EP when the claim is forwarded to the regional office of jurisdiction

· an EP modifier of “1” designates credit for BDD rating determinations (EPs 111 and 011)

III.iv.3.A.11 clarifies the options available for examining incarcerated veterans.

III.iv.3.B.15 shows what action is needed if a claimant refuses to report for an examination because he/she alleges the evidence submitted is adequate for rating purposes. A reference to Kowalski v. Nicholson is also added.

Continued on next page

Transmittal Sheet, Continued

Notable Changes Included in this Release (continued) III.iv.3.D.19 shows that reports of examinations performed by clinical or counseling psychologists, dentists, audiologists, and optometrists do not require a physician’s signature.

Varicose Veins

Information regarding varicose veins that was in M21-1, Part VI, 11.19 has not been added to the appropriate M21-1MR chapter (III.iv.4.E.20) because it has no regulatory basis.

Claims for Service Connection for Posttraumatic Stress Disorder (PTSD)

III.iv.4.H.29 and IV.ii.1.D.13 show that the Combat Action Badge has been added to the list of decorations acceptable as conclusive evidence of participation in combat. The following four medals may also be accepted as proof of combat service, if development reveals that the medal was awarded expressly for combat-related activities:

· Global War on Terrorism Expeditionary Medal

· Global War on Terrorism Service Medal

· Afghanistan Campaign Medal, and

· Iraq Campaign Medal.

III.iv.4.H.29 shows that if a veteran received an acceptable decoration for combat service, but does not expressly state the nature of the stressor, the stressor should be assumed to be combat-related.

III.iv.4.H.29 and IV.ii.1.D.13 include a definition of “engaging in combat.”

III.iv.4.H.29 and IV.ii.1.D.13 clarify what constitutes credible supporting evidence and corroborating evidence of a stressor.

III.iv.4.H.30 and IV.ii.1.D.17 list diaries and journals as sources of corroborative evidence in personal trauma claims, and include harassment as an example of personal trauma.

III.iv.4.H.31, III.iv.4.H.32, and IV.ii.1.D.15 clarify when to proceed with an examination in PTSD claims. If a veteran has provided a minimum description of a stressor, and the records contain prima facie evidence of a diagnosis of PTSD, corroboration of the stressor should be requested. However, a VA examination should not be requested until and unless the stressor is corroborated.

Continued on next page

Transmittal Sheet, Continued

Notable Changes Included in this Release (continued) III.iv.4.H.32 and IV.ii.1.D.13 emphasize that there are no limitations as to the type of evidence that may be accepted to confirm engagement in combat.

IV.ii.1.D.15 shows

· that the U.S. Army and Joint Services Records Research Center (JSRRC) (formerly CURR) now conducts research of Coast Guard unit records

· the address and fax number for the point of contact for research of Marine Corps unit records at the Marine Corps University Archives (MCUA)

· how to request corroboration of stressors from MCUA and the National Archives and Records Administration (NARA)

· how to access Marine Corps unit records covering the Korean Conflict and Vietnam Era through Virtual VA

· what action to take when a veteran fails to provide information needed to corroborate a claimed stressful event

Entitlement to Pension Granted under 38 CFR 3.321(b)

III.iv.6.D.16 shows that special provision code “3” should be used in cases where entitlement to pension is granted on an extra-schedular basis under 38 CFR 3.321(b)

Review of VA Examination Requests

III.iv.7.B.5 removes the requirement for service organizations to review requests for VA examinations.

Claims for Service Connection for Radiogenic Diseases Under 38 U.S.C. 1112

IV.ii.1.B.4 reflects that radiation-risk activities under 38 U.S.C. 1112 include participation in underground nuclear testing at Amchitka Island, Alaska, and assignment to a gaseous diffusion plant in Paducah, Kentucky; Portsmouth, Ohio; or Oak Ridge, Tennessee.

IV.ii.1.B.5 updates the list of information to be included in the development letter to the Defense Threat Reduction Agency (DTRA).

Continued on next page

Transmittal Sheet, Continued

Notable Changes Included in this Release (continued) Claims for Service Connection for Disabilities Resulting From Ionizing Radiation Exposure Under 38 CFR 3.311

IV.ii.1.C.7 shows the procedures for handling claims under 38 CFR 3.311 that require a second review because radiation dose estimates were furnished by DTRA before May 8, 2003.

IV.ii.1.C.9 updates

· the addresses to use in obtaining records from the Atomic Energy Commission

· the list of information to be included in the initial request to Compensation and Pension Service for approval to contact DTRA for dosimetry information

IV.ii.1.C.10 provides procedures for handling claims based on radiation exposure in or around Camp Hanford, Washington.

Claims for Service Connection for Certain Disabilities Associated With Gulf War (GW) Service

Exhibits B-1 through B-8 that were located in Appendix B, M21-1, Part III, Chapter 5 have not been added to the appropriate M21-1MR chapter (IV.ii.1.E) because these exhibits are obsolete and/or have been replaced by Gulf War claim development letters and attachments in MAP-D.

IV.ii.2.D.13 shows the ending date of the presumptive period for establishing service connection for undiagnosed diseases resulting from Gulf War service as December 31, 2006. Although 38 U.S.C. 1117 was amended to extend the presumptive period through September 30, 2011, 38 CFR 3.317, which governs adjudicative actions on this issue, has not been updated.

Continued on next page

Transmittal Sheet, Continued

Notable Changes Included in this Release (continued) Claims for Service Connection for Disabilities Resulting From Exposure to Mustard Gas and Lewisite

IV.ii.1.F.22

· shows that the Muskogee Regional Office processes all claims received on or after January 19, 2005, in which a veteran alleges exposure to mustard agents. These claims are controlled under both EP 688 and a standard compensation EP.

· shows that requests for verification of exposure to mustard agents should be sent to the Compensation and Pension Service’s mustard gas mailbox.

· provides instructions on requesting verification of exposure to mustard agents.

Claims for Service Connection for Disabilities Resulting From Exposure to Herbicides

IV.ii.1.H.28 clarifies that if a veteran alleges exposure to herbicides, but does not claim service connection for a specify disease, the veteran should be contacted to ascertain the disease(s) that resulted from exposure. The unsubstantiated claim should not be processed as a denial, nor should EP control be established pending the veteran’s reply.

Failure to Return VA Form 21-4140, Employment Questionnaire

IV.ii.2.F.28 notes that when a veteran fails to return VA Form 21-4140, Employment Questionnaire, requiring reduction of compensation to the schedular level, the authorization action may furnish contemporaneous notice of the reduction in benefits.

Levels of impairment under 38 U.S.C. 1114(k)

IV.ii.2.H.39 includes a discussion of all qualifying levels of impairment under 38 U.S.C. 1114(k).

Continued on next page

Transmittal Sheet, Continued

Notable Changes Included in this Release (continued) Death Benefits

IV.iii.3.B.10 includes information on determining the effective date when a claim for NSC death pension is received on or after December 10, 2004.

IV.iii.3.F.34 includes information on the resumption/continuation of DIC eligibility based on remarriage after age 57.

Pension

V.i.3.D.13 clarifies documentation requirements for nursing home fees and in-home attendant fees.

Rescissions M21-1, Part III, Paragraphs 1.03 through 1.14

M21-1, Part III, Paragraphs 2.14, 2.16, 2.17, and 2.19

M21-1, Part III, Paragraphs 3.06 and 3.08

M21-1, Part III, Chapter 4

M21-1, Part III, Chapter 5

M21-1, Part III, Chapter 7

M21-1, Part III, Chapter 9

M21-1, Part III, Paragraph 11.15

M21-1, Part IV, Paragraphs 1.02, 1.06, 1.14 through 1.20 and 1.23

M21-1, Part IV, Paragraphs 2.06 through 2.08

M21-1, Part IV, Paragraphs 3.03 and 3.10

M21-1, Part IV, Paragraphs 6.03 and 6.11 through 6.13

M21-1, Part IV, Paragraphs 9.17 through 9.19

M21-1, Part IV, Paragraphs 20.36 through 20.40 and 20.44 through 20.50

M21-1, Part IV, Chapter 22

M21-1, Part IV, Paragraphs 25.01 through 25.03, 25.05, 25.10, and 25.19

M21-1, Part IV, Paragraphs 26.01 (except d), 26.02 through 26.03, 26.06 through 26.07, 26.13.1 through 26.13.3, 26.14 through 26.23, and 26.26.

M21-1, Part VI, Chapter 1

M21-1, Part VI, Chapter 2

M21-1, Part VI, Chapter 3

M21-1, Part VI, Paragraphs 4.01 and 4.03

M21-1, Part VI, Paragraphs 5.01 through 5.05

M21-1, Part VI, Chapter 7

M21-1, Part VI, Chapter 8

M21-1, Part VI, Chapter 9

M21-1, Part VI, Chapter 10

M21-1, Part VI, Chapter 11

Continued on next page

Transmittal Sheet, Continued

Unrelated Rescissions M21-1, Part IV, Paragraphs 1.11 and 1.21

M21-1, Part IV, Paragraphs 2.05 and 2.09 through 2.10

M21-1, Part IV, Paragraph 3.08

M21-1, Part IV, Paragraph 23.12

M21-1, Part IV, Paragraph 25.09

Authority By Direction of the Under Secretary for Benefits

Signature

Renée L. Szybala, Director

Compensation and Pension Service

Distribution Distribution: RPC: 2068

FD: EX: ASO and AR (included in RPC 2068)

LOCAL REPRODUCTION AUTHORIZED AS NEEDED

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HHHHEEELLLLPPPPPPPPPPPPPP.

Iwas able to open & download this yesterday -- I try to go there now

and says CAN'T FIND WEB SITE. Is anyone else having this problem ???

Thanks,

carlie

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  • HadIt.com Elder

Carlie, I hope it's just down for the weekend! This was the 1st site I'd found that showed the M21 re-write up to date! Darn it, I hope it's back up on Monday!!

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Adora,

Your so right about that. I even saved it to my favorites and can't get to it.

DAMN VA !

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  • HadIt.com Elder

Here's a version of the M21-1RW, very messy and it's at a VA site, not surprised!!

M21-1MR - Adjudication Procedures Manual Rewrite

http://www.warms.vba.va.gov/M21_1MR.html

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