Haas, Vet. As interpreted by the CAVC, the M21—1 provision requires VA, in at least some circumstances, to concede service in Vietnam, and thus herbicide exposure, based merely on the receipt of the VSM, even if all other evidence indicates that the veteran did not serve on land or on inland waterways in Vietnam and therefore was exceedingly unlikely to have been exposed to herbicides as a result of Vietnam service.
VA revised the M21—1 in because, although receipt of the VSM is an indication of possible service in Vietnam, it is not definitive or conclusive evidence of such service. It is inappropriate to include receipt of the VSM as a sole criterion for the presumption of exposure to herbicide agents due to service in Vietnam because a veteran may have received this medal for service in locations other than Vietnam.
The VSM was awarded to all members of the Armed Forces who served between July 3, , and March 28, , either: 1 In Vietnam and contiguous waters and airspace thereover; or 2 in Thailand, Laos, or Cambodia, or airspace thereover, in direct support of operations in Vietnam. See Army Reg. The M21—1 is an internal manual used to convey guidance to VA adjudicators. It is not intended to establish substantive rules beyond those contained in statute and regulation.
Neither the nor the M21—1 provision, nor any intervening revision to such provisions, was intended to establish a substantive rule. Further, the PO Frm Fmt Sfmt provision was not intended to convey the rule the CAVC imputed to that provision, treating the VSM as conclusive evidence of service in Vietnam even if other evidence would support a finding that the veteran did not serve in Vietnam. In view of the confusion created by the M21—1 provisions in the Haas case, we believe it is preferable to rescind the M21—1 provisions relating to proof of service in Vietnam, including the provision at issue in Haas, the clarifying revision to that provision, and intervening revisions.
Hence, VA proposes to rescind the following manual provisions describing service in Vietnam for the purposes of the presumption of exposure to herbicides: M21—1, pt. Approved: November 19, Gordon H. Mansfield, Acting Secretary of Veterans Affairs. Please call for an appointment. In , VA had issued a new M provision that more clearly restated the provision, advising that receipt of the VSM could indicate service on land in Vietnam but, by itself, was not proof of such service. M, pt. As interpreted by the CAVC, the M provision requires VA, in at least some circumstances, to concede service in Vietnam, and thus herbicide exposure, based merely on the receipt of the VSM, even if all other evidence indicates that the veteran did not serve on land or on inland waterways in Vietnam and therefore was exceedingly unlikely to have been exposed to herbicides as a result of Vietnam service.
VA revised the M in because, although receipt of the VSM is an indication of possible service in Vietnam, it is not definitive or conclusive evidence of such service. The revision was intended to clarify VA's view that receipt of the VSM does not require or permit VA to ignore other evidence indicating that a veteran did not serve in the Republic of Vietnam.
Because the CAVC's interpretation of the M provision does not accord with VA's intent in issuing that provision, we propose to rescind it. This section contains information about informal claims, Intent to File and Request for Application processes, incomplete applications, claims based on examination or hospitalization reports, and incorrectly established claims.
Topics on neurological conditions and convulsive disorders to include traumatic brain injury TBI , multiple sclerosis MS , amyotrophic lateral sclerosis ALS , peripheral nerve impairment, epilepsy, and migraine headaches. This section provides information for determining the types of issues and claims for the rating process including consideration of subordinate issues, ancillary benefits, paired organs and extremities, and extra-schedular considerations.
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Evaluation of the Disability Determination Process for Traumatic Brain Injury in Veterans reviews the process by which the VA assesses impairments resulting from traumatic brain injury for purposes of awarding disability compensation.
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