What this means
m21-1:X.iv.1.F explains reversal of prior determinations related to character of discharge (cod), line of duty (lod), or willful misconduct. In plain terms, the official guidance says prepare an administrative decision if the authorization activity, rather than the rating activity It also addresses the decision must contain a summary of findings and a statement as to the specific CUE that was identified.
How this may help with a claim
Use m21-1:X.iv.1.F as an internal VA audit trail for reversal of prior determinations related to character of discharge (cod), line of duty (lod), or willful misconduct, not as a promise of a particular result. Compare the actions recorded in your claim file or decision notice with this source-specific detail: Prepare an administrative decision if the authorization activity, rather than the rating activity The decision must contain a summary of findings and a statement as to the specific CUE that was identified. If the record does not show the expected action, identify the missing step precisely when asking VA or an accredited representative to review the file.
What to review in your file
- Check the file against this official condition: Prepare an administrative decision if the authorization activity, rather than the rating activity
- Confirm that the record or notice addresses this source point: The decision must contain a summary of findings and a statement as to the specific CUE that was identified.
- Document how this stated step or exception applies: 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.
Important limits
m21-1:X.iv.1.F is primarily internal workflow guidance about reversal of prior determinations related to character of discharge (cod), line of duty (lod), or willful misconduct. It can help identify what VA was expected to document, but it does not by itself create a claimant deadline, a freestanding entitlement, or a guaranteed remedy. The source also states: Prepare an administrative decision if the authorization activity, rather than the rating activity 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.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Reversal of Prior Determinations Related to Character of Discharge (COD), Line of Duty (LOD), or Willful Misconduct
- m21-1:X.iv.1.F
- Reversal Prior Determinations
- Related Character Discharge
- Reversal Prior Determinations Related
- authorization activity jurisdiction clear
- preparing rating decision
- handling cases disagreement between
Original VA guidance
The official VA text of this section
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.