Home → Veterans Guide to VA Claim Filing → Increasing, Reducing and Severing Disability Ratings → Severed Ratings
"When severance of service connection is considered warranted, a rating proposing severance will be prepared setting forth all material facts and reasons." 38 C.F.R. § 3.105(d). The "Revision of decisions" section of 38 C.F.R. section 3.105 applies to severance actions.
(a) Error. Previous determinations which are final and binding, including decisions of service connection ... will be accepted as correct in the absence of clear and unmistakable error.
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(d) Severance of service connection.... [S]ervice connection will be severed only where evidence establishes that it is clearly and unmistakably erroneous (the burden of proof being upon the Government).
38 C.F.R. §§ 3.105(a), (d). Subsection (d) further provides that, when severance of service connection is considered warranted, a "rating proposing severance will be prepared setting forth all material facts and reasons ... and the claimant will be notified ... of the contemplated action and furnished detailed reasons therefor and will be given 60 days for the presentation of additional evidence to show that service connection should be maintained." 38 C.F.R. § 3.105(d); Wilson v. West, 11 Vet. App. 383, 385 (1998).
A severance decision must be based on all of the acquired evidence-including evidence acquired after the decision granting service connection, and especially including the relevant evidence that the appellant submitted in response to the proposed severance. Stallworth v. Nicholson, 20 Vet. App. 482, 488 (2006); Daniels v. Gober, 10 Vet. App. 474, 480. "The plain language of the regulation provides that service connection can only be terminated when a medical professional certifies that her review of all the evidence indicates that the prior diagnosis is 'clearly erroneous.'" Andino v. Nicholson, 498 F.3d 1370, 1372 (Fed. Cir. 2007).