Questions for Elders ...one at a time... 6th - m21-1 adjudication procedures manual

[J McB]

Easy question

Does anyone have a current PDF of the M21 manual.

Google doesn't seem to have it ;/.

 

J McB

[Tbird]

Does this help https://www.disabledveterans.org/wp-content/uploads/2014/08/140812-M21-1MR-Bates.pdf

[broncovet]

Reading M21 Mr will surely put anyone to sleep faster than counting sheep.  

Neither the Board, nor the CAVC are required to go by the M21 Mr.  Better to go with USC's and 38 CFR.  

This said, M21 Mr CAN be helpful, in some circumstances.  

Example:   M21 Mr requires adjutication (a decision) on SMC whenever a single 100 percent is awarded.  (The VA often does not do that.  This makes it tough to appeal a denial of SMC S, for example, if the VA never adjuticated it.)  

My suggestion is to use key words and search.  In the example, above, you can search "M21 Mr Housebound" and probably find it.   I tried it and it worked.  That way you can find out what M21 Mr says about a particular topic, which is useful.  

 

[Berta]

Check for the Updates- this download is dated 2014- which means the two changes I had put in it since then are not there.They are here under new reconsideration regs, and under the new regs requiring a higher level reviewer should seek if there is a CUE before the decision is sent out.

Vets here have already had these two M21 changes applied to their claims.

As Broncovet said:

"Example:   M21 Mr requires adjutication (a decision) on SMC whenever a single 100 percent is awarded.  (The VA often does not do that.  This makes it tough to appeal a denial of SMC S, for example, if the VA never adjuticated it.)"

Right- I won a CUE on SMC using an excerpt from M21-1MR  as well as 38 CFR 4.6.I also used a brief excerpt from the VBM by NVLSP....as to the "mandate" of the SMC regulations.

38 USC and 38 CFR are the regulations and laws that control the VA ( and us)

M21-1MR tells them how to properly apply those laws and regulations, to include citations of precedent CAVC decisions. If a RO does not apply them correctly to a claimants detriment, they have committed a CUE.

Broncovet is correct =to use a key word etc ,in searching M21-1MR.

This also is a benefit to advocates of having the most recent VBM by NVLSP-the 2019-2020 VBM is out now-and they refer to M21-1 MR in it regarding any changes,since their last VBM was published.

Dont overlook any citations in the M21-1MR areas- if appropriate, these citations can bolster a claim,

for example under search for M21-1MR SMC , here is one entry:

 

"e.  Avoiding Separate SMC Assignments for L/LOU of an Extremity    Do not assign SMC for

•    loss or loss of use (L/LOU) of a leg and L/LOU of the foot of the same leg, or
•    L/LOU of an arm and L/LOU of the hand of the same arm.

If a Veteran has L/LOU of a leg, the L/LOU of the foot of the same leg is subsumed in the level of SMC assigned to the leg.  Similarly, if a Veteran has L/LOU of an arm, the L/LOU of the hand of the same arm is subsumed in the level of SMC assigned to the arm.  

Reference:  For more information on avoiding separate assignments for L/LOU of an extremity, see Guillory v. Shinseki, 669 F.3d 1214 (Fed. Cir. 2012)."

http://www.benefits.va.gov/warms/docs/admin21/m21_1/mr/part4/subptii/ch02/m21-1mriv_ii_2_sech.doc

 

[J McB]

18 hours ago, Tbird said:

Does this help https://www.disabledveterans.org/wp-content/uploads/2014/08/140812-M21-1MR-Bates.pdf

I have that version from C Attig website, but I thought it was updated recently but thanks. I just want to read it so I'm in the know... I put a note under my profile just as an FYI to you "Elders"...lol... that I have read 38CFR, Parts III & IV and many, but surely not enough, case law.  Appreciate everyone's replies.

JMcB