Can the VA sever service connection years later by claiming it was a clear and unmistakable error (CUE)? What are my rights?

Yes, the VA can propose to sever service connection after it has already been granted, but only under a specific legal standard, and the process gives you procedural protections before any severance can become final.

Under 38 CFR 3.105(d), the VA may not simply change its mind about a prior grant of service connection. It must find that the original decision was the product of clear and unmistakable error (CUE) — meaning the evidence and law at the time the decision was made, if correctly applied, would have compelled a different outcome. This is a very high bar. A later reinterpretation of the evidence, a difference of medical opinion, or an administrative mix-up in the file is not CUE. The error has to be undebatable and outcome-determinative based on the record that existed when the original rating decision was issued.

What would this rating pay you? (2026 rates)

Official 2026 VA monthly compensation, including the 2.8% COLA increase.

per month ·  per year, tax-free

Dependent add-ons start at a 30% rating. Child-only and dependent-parent rates: see the full 2026 pay chart.

2026 base rates, all ratings (veteran alone)
RatingMonthly (2026, incl. 2.8% COLA)
10%$180.42
20%$356.66
30%$552.47
40%$795.84
50%$1,132.90
60%$1,435.02
70%$1,808.45
80%$2,102.15
90%$2,362.30
100%$3,938.58
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Procedurally, the VA cannot sever service connection without notice. It must send a proposal to sever, explain the rationale, and give you at least 60 days to submit evidence or argument showing why the proposed severance is wrong before any final action is taken. You also have the right to request a personal hearing on the proposed severance, and requesting one generally further delays any final severance decision until after the hearing is held. Only after this due process period, and only if the VA still believes CUE exists, can it issue a final decision severing the rating, usually effective the first day of the month following a 60-day or longer grace period.

If you receive a severance proposal, the most important step is to respond within the time given, in writing, laying out exactly why the stated rationale does not meet the CUE standard — including any administrative errors, mismatched dates, incorrect duty stations, or other file mistakes you can document. Errors involving misidentification of your service record, comingled claims files, or duty-status data that doesn't match your own DD-214 and unit records are strong evidence that any 'CUE' finding is factually unsupported, not an undebatable legal error.

A veteran facing a proposed severance should immediately request a hearing, submit a detailed written rebuttal with supporting service records before the response deadline, and get help from an accredited Veterans Service Organization representative or accredited attorney to make sure the CUE standard, not just a disagreement about facts, is directly addressed.

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Disclaimer: VetAid is not a law firm, medical practice, or Veterans Service Organization. This information is for educational purposes only and does not constitute legal, medical, or professional advice. Consult with a qualified VA-accredited attorney or your VSO representative. Veterans Crisis Line: 988 (press 1).

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