M21-1 Manual / Part X, Subpart iv, Chapter 1, Section F

Reversal of Prior Determinations Related to Character of Discharge (COD), Line of Duty (LOD), or Willful Misconduct

M21-1, Part X, Subpart iv, Chapter 1, Section F

Overview

In This Section

This section contains the topic “Reversal of Prior Determinations Related to COD, LOD, or Willful Misconduct.”

1. Reversal of Prior Determinations Related to COD, LOD, or Willful Misconduct

Introduction

This topic contains information about reversal of prior decisions, such as

authorization activity jurisdiction in clear and unmistakable error (CUE) cases that sever service connection (SC)
preparing the rating decision, and
handling cases of disagreement between the authorization and rating activities.

Change Date

August 1, 2006

X.iv.1.F.1.a. Authorization Activity Jurisdiction in CUE Cases That Sever SC

Prepare an administrative decision if the authorization activity, rather than the rating activity

has initial jurisdiction of a
- statutory bar to benefits and character-of-discharge (COD) determination under M21-1, Part X, Subpart iv, 1.A and B
- line-of-duty (LOD) determination under M21-1, Part X, Subpart iv, 1.C.6, or
- willful misconduct determination under M21-1, Part X, Subpart iv, 1.C.1-3, and
finds that there is a clear and unmistakable error (CUE) in a prior determination which will result in the severance of service connection (SC).

Note: The decision must contain a summary of findings and a statement as to the specific CUE that was identified. References: For more information on

the preparation and approval of administrative decisions, see M21-1, Part X, Subpart v, 1.C.2 and 3, and
CUE, see M21-1, Part X, Subpart ii, 5.C.

X.iv.1.F.1.b. Preparing the Rating Decision

Refer the claims folder, if in order, to the rating activity for appropriate action. This includes the preparation of a rating decision proposing the severance of SC under 38 CFR 3.105(c) and 38 CFR 3.105(d) on the basis of the determination by the authorization activity.

X.iv.1.F.1.c. Handling Cases of Disagreement Between the Authorization and Rating Activities

Refer the case by memorandum to the Veterans Service Center Manager for resolution of an issue if the rating activity disagrees with the determination by the authorization activity as to COD, LOD, or willful misconduct.

Source: VA M21-1 Adjudication Procedures Manual, M21-1, Part X, Subpart iv, Chapter 1, Section F (U.S. government work, reproduced for reference). Browse all sections →