For more information on References: CUEs based on VA’s constructive notice of medical records, see , and correcting errors in a rating decision, see M21-1, Part III, Subpart iv, 7.B.3. The benefit of the doubt under is applicable to a CUE determination since f. Applying the not Benefit of the Doubt Under an error either undebatably exists, or 38 U.S.C. there was no error within the meaning of . 5107(b) For more information on applying the benefit of the doubt under , Reference: see 3 Vet.App. 310 (1992). , g. Approval of All rating decisions prepared under require the approval of the Veterans Ratings Service Center Manager (VSCM) or Pension Management Center Manager Prepared (PMCM), or designee at the Coach level or higher. 38 CFR 3.105(a) Ratings prepared by DROs require the approval of the VSCM, PMCM, or Assistant VSCM or PMCM if they address severance of SC, or a reduction in evaluation of a service-connected (SC) disability(ies). Approval of the VSCM, PMCM, or designee is not necessary if Exception: the rating decision is the result of a BVA or CAVC decision. h. Preparing a Use the table below to prepare a CUE decision. CUE Decision If… And… Then… a DRO the VSCM or the DRO finalizes PMCM agrees and signs the decision, and finds a CUE on a prior the VSCM or PMCM decision (or designee) signs the prepares a decision. draft decision that proposes on the basis of the CUE to reduce an SC evaluation, or sever SC for a disability a DRO the VSCM or the VSCM or PMCM PMCM does documents his/her not a CUE on a prior agree disagreement on VA Form decision 21-0961, Rating
References: For more information on CUEs based on VA’s constructive notice of medical records, see , and correcting errors in a rating decision, see M21-1, Part III, Subpart iv, 7.B.3. f. Applying the Benefit of the Doubt Under 38 U.S.C. 5107(b) The benefit of the doubt under is not applicable to a CUE determination since an error either undebatably exists, or there was no error within the meaning of . Reference: For more information on applying the benefit of the doubt under , see , 3 Vet.App. 310 (1992). g. Approval of Ratings Prepared 38 CFR 3.105(a) All rating decisions prepared under require the approval of the Veterans Service Center Manager (VSCM) or Pension Management Center Manager (PMCM), or designee at the Coach level or higher. Ratings prepared by DROs require the approval of the VSCM, PMCM, or Assistant VSCM or PMCM if they address severance of SC, or a reduction in evaluation of a service-connected (SC) disability(ies). Exception: Approval of the VSCM, PMCM, or designee is not necessary if the rating decision is the result of a BVA or CAVC decision. h. Preparing a CUE Decision Use the table below to prepare a CUE decision. If… And… Then… a DRO finds a CUE on a prior decision prepares a draft decision that proposes on the basis of the CUE to reduce an SC evaluation, or sever SC for a disability the VSCM or PMCM agrees the DRO finalizes and signs the decision, and the VSCM or PMCM (or designee) signs the decision. a DRO a CUE on a prior decision the VSCM or PMCM does not agree the VSCM or PMCM documents his/her disagreement on VA Form 21-0961, Rating
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