a. Applying 38 Do not take action to sever service connection pursuant to and unless all CFR 3.105(a) available relevant evidence, including complete service medical data and and 38 CFR autopsy findings (if pertinent in death cases) 3.105(d) is of record, and shows that establishment was clearly and unmistakably erroneous. when VA determines that there is no legal entitlement for a Exception: previous award of VA benefits (when service connection is clearly illegal), VA is not required to establish that the original decision was clearly and unmistakably erroneous per in order to sever service connection. 21 Vet. , App. 54, 57 (2007). For more information on References: the ten-year protection even when service connection is erroneous, see , and due process to sever service connection when clearly illegal/without legal entitlement see . Continued on next page , Continued b. Severing A change in diagnosis may be accepted as a basis for severance if there is Service certification that the diagnosis on which service connection was based was Connection Due clearly erroneous under . to Diagnosis Change If service connection is severed for a psychosis, make a determination of c. Severing Service entitlement under . Connection for a Psychosis The table below describes how to handle severing service connection. d. Handling Severance of Service Connection Stage Who is Description Responsible 1 RVSR Refers all ratings proposing severance of service connection to the Veterans Service Center Manager (VSCM) for approval or disapproval under .
a. Applying 38 CFR 3.105(a) and 38 CFR 3.105(d) Do not take action to sever service connection pursuant to and unless all available relevant evidence, including complete service medical data and autopsy findings (if pertinent in death cases) is of record, and shows that establishment was clearly and unmistakably erroneous. Exception: when VA determines that there is no legal entitlement for a previous award of VA benefits (when service connection is clearly illegal), VA is not required to establish that the original decision was clearly and unmistakably erroneous per in order to sever service connection. , 21 Vet. App. 54, 57 (2007). References: For more information on the ten-year protection even when service connection is erroneous, see , and due process to sever service connection when clearly illegal/without legal entitlement see . Continued on next page , Continued b. Severing Service Connection Due to Diagnosis Change A change in diagnosis may be accepted as a basis for severance if there is certification that the diagnosis on which service connection was based was clearly erroneous under . c. Severing Service Connection for a Psychosis If service connection is severed for a psychosis, make a determination of entitlement under . d. Handling Severance of Service Connection The table below describes how to handle severing service connection. Stage Who is Responsible Description 1 RVSR Refers all ratings proposing severance of service connection to the Veterans Service Center Manager (VSCM) for approval or disapproval under .