Department of Veterans Affairs M21-1, Part IV, Subpart ii Veterans Benefits Administration January 20, 2016 Washington, DC 20420 Key Changes Changes Included in This Revision The table below describes the changes included in this revision of Veterans Benefits Manual M21-1, Part IV, “Compensation, DIC and Death Compensation,” Subpart ii, “Compensation.” Notes: The term “regional office” (RO) also includes pension management center (PMC), where appropriate. Unless otherwise noted, the term “claims folder” refers to the official, numbered, Department of Veterans Affairs (VA) repository – whether paper or electronic – for all documentation relating to claims that a Veteran and/or his/her survivors file with VA. editorial changes have also been made to improve clarity and readability update incorrect or obsolete references add references as needed, and bring the document into conformance with M21-1 standards. Reason(s) for the Change Citation To incorporate principles on determining that is a current disability from McClain v. McDonald and Romanowsky v. Shinseki. To add references. To clarify that even when an event or injury in service is accepted under combat provisions of 38 CFR 3.304(d) and 38 U.S.C. 1154(b) there must still be evidence of a current disability and a nexus between the current disability and the inservice to establish entitlement to service connection (SC). To add a new m with guidance concerning aggravation of disability during combat conditions. To add a new Block n with guidance concerning application of Maxson v. Gober regarding aggravation of a pre-existing disability during combat conditions and related principles to include determination of aggravation in the absence of medical evidence. To incorporate guidance from a January 2009 frequently asked question (FAQ) about aggravation determinations. Rescissions None Authority By Direction of the Secretary for Benefits existing
peripheral neuropathy migraine headaches sensorineural hearing loss, and glaucoma. Important: The of Appeals for Veterans Claims (CAVC) held in ,27 Vet.App. 258 (2015), that organic diseases of the nervous system includes tinnitus, if there is evidence of acoustic trauma. Note: In the there is uncertainty as to whether or not a disability for which a Veteran seeks compensation constitutes an organic disease of the nervous system, the case should be sent to Compensation Service’s Advisory Review Staff (211B) for guidance. Reference: For more information on requesting CS guidance, see M21-1, Part III, Subpart vi, 1.A. c. Establishing Presumptive SC for Chronic and Tropical Diseases Use the table below to determine the service requirements the Veteran must meet before VA may establish presumptive SC for chronic and tropical diseases. If the Veteran served during … And the disease is a … Then … peacetime before January 1, 1947 chronic disease listed in there is no provision for presumptive SC under tropical disease listed in the Veteran must have had active continuous service for six months or more under peacetime on or January 1, 1947, or wartime chronic disease listed in or tropical disease listed in the Veteran must have had active, continuous service of 90 days or more under Note: In claims based on a period of active duty for training, there is no presumption of SC for chronic diseases under or tropical diseases under (see , 24 Vet.App. 40, 44 (2010)).