Revised August 1, 2006
X.iv.1.F.1.aAuthorization 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.bPreparing 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.cHandling 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.
End of Part X, Subpart iv, Chapter 1, Section F