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Updated Aug 19, 2021

In This Section


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


Introduction

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

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
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

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.