The review component may receive trailer material while a case is undergoing QR. For
CEF cases, the review component may also receive UATs while a case is undergoing QR.
However, the review component must base the QR evaluation of the adjudicating component’s
determination on the evidence included in the case as a whole at the time of the adjudicating
component’s case clearance.
The review component must consider any trailer material or UAT received while a case is undergoing QR for purposes of
case adjudication and correction, if necessary.
In some instances, the trailer material or UAT changes a correct case to a deficient
case or a deficient case to a correct case. The review component must then determine
if corrective action is necessary.
1. If the case was deficient at the time of adjudication
If the case was deficient at the time of adjudication, and the trailer material or
UAT changes the case to a correct case, the review component cites the appropriate
group I or group II deficiency that existed at the time of adjudication. If corrective
action is necessary, or a group I deficiency existed at the time of adjudication,
return the case to the adjudicating component. Do not assume jurisdiction and prepare a new determination.
2. If the case was correct at the time of adjudication
If the case was correct at the time of adjudication, and the trailer material or UAT
changes the case to a deficient case, the review component will not cite the deficiency,
but request corrective action, if appropriate. This is so even if the adjudicating
component had requested the evidence, but adjudicated the case without waiting for
receipt of it, as long as the case was correct when adjudicated.