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M21-1


Angela
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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

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  • HadIt.com Elder
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.

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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 by Berta
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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

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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

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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

Type this in address bar and see if it comes up...if so it may be of some help.

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

Hope it works for you.

Railroader

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Angela-the VA has a link to M21-1 right at their web site.

It is a new link as they recently updated their site.

Also- for CUES in past decisions I have found that accessing BVA decisions based on regs that fall into the dates of a CUE claim can help.

Most VA regs have not changed much in decades.

The decision being CUED- hope everyone does this-and saves everything they ever got from the VA- should contain a narrative of the specific regs they used at time of the alledged CUE.

Many older claims don't.

The regs themselves often contain the dates of publication of the regs.

Some DC codes have changed.

DC codes searched for-if pertinent to your CUE- also can be accessed by date at BVA.

My CUES are based on regs and DC codes in affect in 1997-1998.

I used the rating decision and DC codes and SMC regs in place in 1997-1998 and a General Pres Op to support these CUES.

What regulation are you trying to find and what is the date of the alledged CUE?

M21-1 is the VA manual as to how to work claims- it is 38 CFR that contains the specific regs.

Here is a successful CUE decision by the BVA in 1992-

it refers to the DCs and regs applicable to the date of alledged CUE-1972-

http://www.va.gov/vetapp92/files3/9222216.txt

The veteran received only 10% from the BVA but multiply that by the 20 years from which the CUE occurred and the vet successfully made a collateral attack on a VA decision.

Edited by Berta
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Thank you all for directing me to the "warms" site's link to M21-1. If you follow the links at that site you will indeed get to M21-1, but not as it existed when it was in force, AS IT EXISTS TODAY.

By that I mean, instead of being able to read the M21-1 instructions for let's say, Consideration of Evidence, you get to read, over and over again,

"Rescinded per M21-1MR, Part I dated August 19, 2005".

What I am looking for is a site that let's me read what the M21-1 said BEFORE it's sections were recinded by M21-1MR. If there's any such site out there please let me know. Right now it looks like I'll have to go to the VSO to read it. As I'm all but housebound that's a hassle for me, so any other suggestions are more than welcome.

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Older regs are found in the decision that one is CUEing-

The VA used these regs and Diagnostic codes in the past decision-

They should be attached to the older decision.

I could not possibly file my CUE claims if I did not have the past decision in front of me-as the legal error is within the decision for a CUE claim.

Older regs can be found in older claims at the BVA.corresponding by the same date of any alledged CUE.

Very few regs have changed.

Duty to Assist regs cannot be bases for CUE.

If you have a CUE on a decision made in 1999 for example-the BVA will show decisions with the same regs in similiar claims for a period of probably two years until they got the BVA case.

Say a vet got wrong diagnostic code for disability of knee in 1993 and never appealed and then files CUE in 1997-

He/she could go to a similiar BVA case and find out what regs and what DC code criteria was in existence in 1993

and use a case like this one:

http://www.va.gov/vetapp97/files3/9728504.txt

Also if you want to spend time in a law library you can find the old regs in the 38 CFR supplements.

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  • HadIt.com Elder

If you wait until you think you have the perfect claim you may be dead and gone before it ever gets adjudicated. If the VA has powerful evidence in their possession and they never list it or refer to it in a rating decision is this not CUE. Like Berta's IMO's where they are neither listed as evidence or referred to at all.

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This thread is over 365 days old and has been closed.

Please post your question as a New Topic by clicking this link and choosing which forum to post in.

For almost everything you are going to want to post in VA Claims Research.

If this is your first time posting. Take a moment and read our Guidelines. It will inform you of what is and isn't acceptable and tips on getting your questions answered. 

 

Remember, everyone who comes here is a volunteer. At one point, they went to the forums looking for information. They liked it here and decided to stay and help other veterans. They share their personal experience, providing links to the law and reference materials and support because working on your claim can be exhausting and beyond frustrating. 

 

This thread may still provide value to you and is worth at least skimming through the responses to see if any of them answer your question. Knowledge Is Power, and there is a lot of knowledge in older threads.

 

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