{"page":"https://casescribe.ai/explorer/regulation-changes/2026-04-27","generated_at":"2026-10-03T18:33:51.071Z","data_as_of":{"decisions":944125,"first_year":2017,"last_year":2026,"latest_decision":"2026-04-30","cfr":"2026-10-01","m21":"2026-09-29"},"about":{"publisher":"CaseScribe AI (VA Law Explorer)","source":"Public Board of Veterans' Appeals decisions (appeals of VA decisions, not VA's first decisions), M21-1 Adjudication Procedures Manual, 38 CFR Parts 3 and 4.","method":"Outcomes are issue-level: each condition the Board decided in a decision counts once. Decision data is extracted by AI and can contain errors. Rates describe past appeals and do not predict any claim.","disclaimer":"For research only. CaseScribe AI is not a law firm and this is not legal advice. Verify figures against the source decisions and regulations.","attribution":"Cite as: VA Law Explorer, CaseScribe AI, with the page URL."},"data":{"week_of":"2026-04-27","changes":[{"source":"M21-1","section":"Part IV, Subpart i, Chapter 1, Section B - Evidentiary Standards for Finding an Examination or Opinion Necessary","date":"2026-05-01","url":"https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000180495/M21-1-Part-IV-Subpart-i-Chapter-1-Section-B-Evidentiary-Standards-for-Finding-an-Examination-or-Opinion-Necessary","formatting_only":false,"added":["pre-service aggravation claims","May 1, 2026","However, there is no presumption of credibility for the purpose of determining whether Element 1 has been satisfied.","This element relates most clearly and directly to direct SC claims based on in-service incurrence.","However, in-service findings and diagnoses are important to other claim types, specifically aggravation of a pre-service condition and presumptive SC.","When direct SC has been claimed but evidence shows that the claimed disability clearly and unmistakably existed prior to service, follow the procedures in","pre-service disability is warranted.","The Veteran claims SC for a right shoulder injury and asserts that the condition originated from loading heavy cargo onto an airplane during an exercise in Korea in June 2009."],"removed":["preservice aggravation claims","August 13, 2025","However, there is no presumption of credibility for the purposes of determining whether Element 1 has been satisfied.","This element relates most clearly and directly to direct SC claims based on incurrence.","However, in-service findings and diagnoses are important to other claim types, specifically aggravation of a preservice condition and presumptive SC.","When direct SC has been claimed but evidence shows that the claimed disability clearly and unmistakably existed prior to service, follow the procedures at","preservice disability is warranted.","Veteran claims SC for a right shoulder injury and asserts that the condition originated from loading heavy cargo onto an airplane during an exercise in Korea in June 2009."]},{"source":"M21-1","section":"Part V, Subpart ii, Chapter 2, Section D - Secondary Service Connection (SC) and Aggravation of Non-Service-Connected (NSC) Disabilities","date":"2026-05-01","url":"https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000180484/M21-1-Part-V-Subpart-ii-Chapter-2-Section-D-Secondary-Service-Connection-SC-and-Aggravation-of-Non-Service-Connected-NSC-Disabilities","formatting_only":false,"added":["establishing a baseline to show an NSC disability was aggravated by an SC disability","developing for evidence of baseline disability in NSC aggravation claims","handling NSC aggravation claims when a baseline cannot be established","assigning an evaluation for an NSC disability that was aggravated by an SC disability","aggravation with a 0-percent evaluation","May 1, 2026","disabilities that are the result of, or would not have occurred but for, a service-connected (SC) disability, or","aggravation of a non-service-connected (NSC) disability that is the result of an SC disability, including"],"removed":["medical evidence required to show an NSC disability was aggravated by an SC disability","developing for medical evidence of baseline in NSC aggravation claims","determining the extent to which an NSC disability was aggravated by an SC disability","aggravation with a zero percent evaluation","August 6, 2019","disabilities that are proximately due to, or the result of, a service-connected (SC) condition, or","the increase in severity of a non-service-connected (NSC) disability that is attributable to aggravation by an SC disability, and not to the natural progression of the NSC disability.","Note"]},{"source":"M21-1","section":"Part V, Subpart ii, Chapter 3, Section A - Determining the Issues","date":"2026-05-01","url":"https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000180486/M21-1-Part-V-Subpart-ii-Chapter-3-Section-A-Determining-the-Issues","formatting_only":false,"added":["is one that is not explicitly identified by the claimant on one of the forms listed in","When an individual expressly claims a specific disability and is later diagnosed with a different but potentially related condition, if a sympathetic reading of the claim shows that the diagnosed condition is encompassed by the claim, VA must address the claim as including the diagnosed condition, as discussed in","Decreased sound tolerance (hyperacusis) reasonably falls within the the scope of the claim for an audiological condition manifested by hearing deficits and ear pain.",", 557 F.3d 1355 (Fed.","Cir.","identifying and developing reasonably raised IU claims, see","The Veteran is granted a 100-percent SC evaluation for amyotrophic lateral sclerosis (ALS) and complications.","VA examination shows that the Veteran requires assistance with activities of daily living."],"removed":["is one that is not explicitly identified by the claimant on a one of the forms listed in","When an individual expressly claims a specific disability and is later diagnosed with a different but potentially-related condition, if a sympathetic reading of the claim shows that the diagnosed condition is encompassed by the claim, VA must address the claim as including the diagnosed condition, as discussed in","Decreased sound tolerance (hyperacusis) reasonably falls within the claim for an audiological condition manifested by hearing deficits and ear pain.",", 557 F.3d 1355 (Fed.Cir.","identifying and developing for reasonably raised IU claims, see","The Veteran is granted a 100-percent evaluation for amyotrophic lateral sclerosis (ALS) and complications.","VA examination shows that the Veteran requires daily assistance with activities of daily living.","The rating activity addresses the issues of aid and attendance (A&A), Dependents' Educational Assistance (DEA), specially adapted housing (SAH), and automobile allowance and adaptive equipment in the rating decision."]},{"source":"M21-1","section":"Part V, Subpart ii, Chapter 3, Section C - Reviewing Diagnoses","date":"2026-05-01","url":"https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000180488/M21-1-Part-V-Subpart-ii-Chapter-3-Section-C-Reviewing-Diagnoses","formatting_only":false,"added":["Disability Associated With Functional Impairment of Earning Capacity","This topic contains information on the general principles for review of diagnoses in claims for disability compensation, including","In a determination of service connection (SC), the evidence must show that a disability exists as is described in","In other situations, there are no statutory or regulatory criteria for diagnosis of a given disability.","M21-1, Part V, Subpart ii, 1.A","When specific medical diagnostic criteria exist for a disability, a treating physician may utilize a subthreshold diagnosis for the purpose of treating the symptoms when not all symptoms required for the diagnosis are present.","Elective procedures, such as vasectomy, cosmetic breast reduction, or kidney donation, are not congruent with the disability requirement for the purpose of SC for a disease or injury incurred coincident with a Veteran’s active service.","Disability Associated With Functional Impairment of Earning Capacity"],"removed":["Diagnoses Associated With Functional Impairment of Earning Capacity","This topic includes information on the general principles for review of diagnoses in claims for disability compensation, including","In a determination of service connection (SC) , the evidence must show that a disability exists as is described in","In other situations, there is no statutory or regulatory prescription for a given disability.","M21-1, Part V, Subpart i, 1.A","When specific diagnostic criteria exist for a disability, a treating physician may utilize a subthreshold diagnosis for the purpose of treating the symptoms when not all symptoms required for the diagnosis are present.","Elective procedures, such as vasectomy, cosmetic breast reduction, or kidney donation, are not congruent with the provisions required for the purpose of SC of a disease or injury incurred coincident with a Veteran’s active service.","Diagnoses Associated With Functional Impairment of Earning Capacity"]}]}}