M21-1

[Angela]

Does anyone know how I can find the M21-1 Veterans Benefits Manual ?

I'm working on a CUE claim and need to find the VA adjudication rules. Does anyone know where I can find them?

Angela

[Philip Rogers]

Does anyone know how I can find the M21-1 Veterans Benefits Manual ?

I'm working on a CUE claim and need to find the VA adjudication rules. Does anyone know where I can find them?

Angela

Current editions can be found on-line. Previous editions can be found at your VARO "reading room." Each VARO has a reading room, where these documents are kept and are open to the public. "Back in the day," this was the only way to get this info. Now we have the internet. I'm sure the VA curses it everyday.

[Rich T]

http://www.va.gov/publ/direc/eds/edsmps.htm

[Philip Rogers]

http://www.va.gov/publ/direc/eds/edsmps.htm

Thanks for the link. Guess I need to update.

[Berta]

The VA has upgraded their web site recently and M21-1 is there too.

I find it is invaluable to have M21-1 on your desktop or in a saved link.You have to access the changes if you have an old copy.

I have sent the RO many printouts of portions of updated M21-1s in order to clearly show they what they must do regarding my claims as well as for other local veterans.

I focus on the actual part of M21-1 and the link I use usually highlights for me the search features and I can quickly print off what the VA needs to do regarding a specific issue.

For example I gave full citations and enclosure from M21-1 regarding my VCAA CUE request to the RO VSM and also I sent the rater who is working on my CUE claim a clear explanation from M21-1 as to the SMC issue and reminded him that what they stated as unread evidence-an internet printout- was a General Counsel Precedental Opinion specific to my claim and that it deserved to be considered much more than an ignored "internet printout" and sent them evidenciary regs from 38 CFR too.

They dont know what to do most of the time at my RO so they have to be shown by virtue of sending them established VA case law so they can provide proper resolve of a claim.

Edited September 16, 2006 by Berta

[BoonDoc]

The VA has upgraded their web site recently and M21-1 is there too.

I find it is invaluable to have M21-1 on your desktop or in a saved link.You have to access the changes if you have an old copy.

I have sent the RO many printouts of portions of updated M21-1s in order to clearly show they what they must do regarding my claims as well as for other local veterans.

I focus on the actual part of M21-1 and the link I use usually highlights for me the search features and I can quickly print off what the VA needs to do regarding a specific issue.

For example I gave full citations and enclosure from M21-1 regarding my VCAA CUE request to the RO VSM and also I sent the rater who is working on my CUE claim a clear explanation from M21-1 as to the SMC issue and reminded him that what they stated as unread evidence-an internet printout- was a General Counsel Precedental Opinion specific to my claim and that it deserved to be considered much more than an ignored "internet printout" and sent them evidenciary regs from 38 CFR too.

They dont know what to do most of the time at my RO so they have to be shown by virtue of sending them established VA case law so they can provide proper resolve of a claim.

I was told my a man who retired from the VA with 30 years, 13 in the rating department, recently, and he said "these new rating people don't know how to read the law, ruls & regs very well. and they aren't able to read medical reports jargon, etc." I have noticed that they use half, or part of the regs/law...the half that they can use to shoot you down. I really doubt that the VA is hiring people off of the street to do their rating decisions for any other purpose than to make it more difficult for vets to get SC disability, especially 100%.

Like Berta, and thers have said, the answers are in the 38 CFR, and M2-1.

Boondoc

[Angela]

My thanks to those who included a link to the previous version of M21-1. Unfortunately the links no longer link to the m21-1. Instead they search the web and come up empty. Guess I'll have to spend some time in the VSO reading room after all.

The reason I'm interested in the old version is that I'm working a CUE claim so I have to show that the RO didn't do what they were required to do. I already have quite a bit of evidence showing that they didn't follow the law, but I've read in some appeals court documents that if a M21-1 narrowly limits the RO's actions it has the force of law and confers on the veteran a right.

I can't say for sure if there's anything in M21-1 that would help my case, but since I can only make a particular CUE claim once, I want to make sure I don't overlook anything that would weigh in my favor. If anyone comes across a link to the old M21-1 that still works, please post it somewhere on HADIT.

Again, my thanks for your help. Hadit has been my most valuable resource in dealing with the VA. I only wish I'd found it years ago.

Angela