CAN THE V.A. DO THIS????

Tanko

PEB Forum Regular Member
Registered Member
Can the V.A. sever a 100% award base on this?

It is propose to sever service connection for xxxxxxxx due to a clear and unmistakable error. Clear and unmistakable errors are errors that are undebatable, so that it can be said that reasonable minds could only conclude that the previous decision was fatally flawed at the time it was made.
 
Can the V.A. sever a 100% award base on this?

It is propose to sever service connection for xxxxxxxx due to a clear and unmistakable error. Clear and unmistakable errors are errors that are undebatable, so that it can be said that reasonable minds could only conclude that the previous decision was fatally flawed at the time it was made.
Yes. While it is usually the veteran claiming Clear and Unmistakable Error (CUE), the VA can also sever based on CUE. 38 CFR 20.1403. Without knowing more, you likely want a medical provider to opine that the service connection was proper given the record at the time (date of service connection/VA rating).
 
Yes. While it is usually the veteran claiming Clear and Unmistakable Error (CUE), the VA can also sever based on CUE. 38 CFR 20.1403. Without knowing more, you likely want a medical provider to opine that the service connection was proper given the record at the time (date of service connection/VA rating).
The v.a. can sever awards base on CUE, but when the v.a. propose to sever an award to a veteran, the v.a. has to send in a letter to the veteran all the Material facts and reason for the proposal to sever as per 38 C.F.R. 3.105 (d), in my case, the v.a. never mention the " THIS IS THE REASON WHY WE ARE PROPOSING TO SEVER YOUR AWARD" they actually never mention WHY,....... they literaly only use the above mention ONLY!!!. They said to me theres was a CUE, but never mention what was the CUE, meaning that they sever my award against the rules and regulations.
 
The v.a. can sever awards base on CUE, but when the v.a. propose to sever an award to a veteran, the v.a. has to send in a letter to the veteran all the Material facts and reason for the proposal to sever as per 38 C.F.R. 3.105 (d), in my case, the v.a. never mention the " THIS IS THE REASON WHY WE ARE PROPOSING TO SEVER YOUR AWARD" they actually never mention WHY,....... they literaly only use the above mention ONLY!!!. They said to me theres was a CUE, but never mention what was the CUE, meaning that they sever my award against the rules and regulations.
That sounds like you may have a notice or duty to assist issue.
 
That sounds like you may have a notice or duty to assist issue.
I was wondering if anyone here have see something like this before, from the legal side, is theres something i can do??? Besides from NOD.
 
Included should be your appeal rights: right to request a hearing prior to sever, election to receive current compensation until after the hearing, and right to submit new evidence.
 
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