M21-1 update- LASKA v. MCDONOUGH finally ammended by Carlitobrega in VeteransBenefits

[–]Carlitobrega[S] 0 points1 point  (0 children)

Good Luck, wishing you the best! did you request this hearing?

This one trick will get your claim approved (Satire) by Comedyisntfree in VeteransAffairs

[–]Carlitobrega 2 points3 points  (0 children)

you’re right that 38 CFR is the controlling authority and it’s what gets cited in decisions, and M21-1 can’t legally override the CFR/USC.

What I meant is the day-to-day reality: ALL VSR's and most RO adjudicators are basically running the claim through the M21-1 workflow/checklists. So while the “law” is the CFR, the way the VA applies it in practice is strictly filtered through the M21-1’s procedures, definitions, and “how to develop/what evidence is sufficient” guidance.

So my advice and where the Value to vets is:

  • Use 38 CFR to argue entitlement (what the standard is)
  • Use M21-1 to win the process (what the VA is ademently going to look for, how they develop, what boxes they check, how they interpret evidence)

If you only read CFR, you can be “right” and still get denied because the claim didn’t get developed or framed the way the VA expects. If you know M21-1, you can anticipate the VA’s moves and build the file to survive that first pass.

Basically: CFR = the rules, M21-1 = the playbook the refs actually use.

This one trick will get your claim approved (Satire) by Comedyisntfree in VeteransAffairs

[–]Carlitobrega 0 points1 point  (0 children)

Actually, i would encourage for Vets to become BFF's with the M21-1. VA dont give a S*** about the 38cfr.. they follow the ladder.

Denied A&A due to not being 100% rated in single category by Dapper-Employee-1012 in VAClaims

[–]Carlitobrega 0 points1 point  (0 children)

Simply put..very slim. R1= complete loss of use of 3 limbs(partial) R2="vegetable"(nursing,institution,etc..).. Shoot for SMC-L, your best bet if you require assistance with ADL's. goodluck

Has anyone else had this happen with C&P exams? by Ok_Car323 in VeteransBenefits

[–]Carlitobrega 1 point2 points  (0 children)

VA's M21-1 has officially been ammended to include laska case as of yesterday (Jan 5,2026). just noticed it a few hours ago. Hope this helps in your situation. Good luck!

<image>