[Congressional Record Volume 142, Number 72 (Tuesday, May 21, 1996)]
[House]
[Pages H5311-H5313]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
REVISION OF VETERANS BENEFITS DECISIONS
Mr. STUMP. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 1483) to amend title 38, United States Code, to allow revision of
veterans benefits decisions based on clear and unmistakable error.
The Clerk read as follows:
H.R. 1483
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. REVISION OF DECISIONS BASED ON CLEAR AND
UNMISTAKABLE ERROR.
(a) Original Decisions.--(1) Chapter 51 of title 38, United
States Code, is amended by inserting after section 5109 the
following new section:
``Sec. 5109A. Revision of decisions on grounds of clear and
unmistakable error
``(a) A decision by the secretary under this chapter is
subject to revision on the grounds of clear and unmistakable
error. If evidence establishes the error, the prior decision
shall be reversed or revised.
``(b) For the purposes of authorizing benefits, a rating or
other adjudicative decision that constitutes a reversal or
revision of a prior decision on the grounds of clear and
unmistakable error has the same effect as if the decision had
been made on the date of the prior decision.
``(c) Review to determine whether clear and unmistakable
error exists in a case may be instituted by the Secretary on
the Secretary's own motion or upon request of the claimant.
``(d) A request for revision of a decision of the Secretary
based on clear and unmistakable error may be made at any time
after that decision is made.
``(e) Such a request shall be submitted to the Secretary
and shall be decided in the same manner as any other
claim.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
5109 the following new item:
``5109A. Revision of decisions on grounds of clear and unmistakable
error.''.
(b) BVA Decisions.--(1) Chapter 71 of such title is amended
by adding at the end the following new section:
``Sec. 7111. Revision of decisions on grounds of clear and
unmistakable error
``(a) A decision by the Board is subject to revision on the
grounds of clear and unmistakable error. If evidence
establishes the error, the prior decisions shall be reversed
or revised.
``(b) For the purposes of authorizing benefits, a rating or
other adjudicative decision of the Board that constitutes a
reversal or revision of a prior decision of the Board on the
grounds of clear and unmistakable error has the same effect
as if the decision had been made on the date of the prior
decision.
``(c) Review to determine whether clear and unmistakable
error exists in a case may be instituted by the Board on the
Board's own motion or upon request of the claimant.
``(d) A request for revision of a decision of the Board
based on clear and unmistakable error may be made at any time
after that decision is made.
``(e) Such a request shall be submitted directly to the
Board and shall be decided by the Board on the merits,
without referral to any adjudicative or hearing official
acting on behalf of the Secretary.
``(f) A claim filed with the Secretary that requests
reversal or revision of a previous Board decision due to
clear and unmistakable error shall be considered to be a
request to the Board under this section, and the Secretary
shall promptly transmit any such request to the Board for its
consideration under this section.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``7111. Revision of decisions on grounds of clear and unmistakable
error.''.
(c) Effective Date.--(1) Sections 5109A and 7111 of title
38, United States Code, as added by this section, apply to
any determination made before, on, or after the date of the
enactment of this Act.
(2) Notwithstanding section 402 of the Veterans Judicial
Review Act (38 U.S.C. 7251 note), chapter 72 of title 38,
United States Code, shall apply with respect to any decision
of the Board of Veterans' Appeals on a claim alleging that a
previous determination of the Board was the product of clear
and unmistakable error if that claim is filed after, or was
pending before the Department of Veterans Affairs, the Court
of Veterans Appeals, the Court of Appeals for the Federal
Circuit, or the Supreme Court on, the date of the enactment
of this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arizona [Mr. Stump] and the gentleman from Mississippi [Mr. Montgomery]
will each be recognized for 20 minutes.
The Chair recognizes the gentleman from Arizona [Mr. Stump].
[[Page H5312]]
general leave
Mr. STUMP. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
and include extraneous materials on H.R. 1483.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arizona?
There was no objection.
Mr. STUMP. Mr. Speaker, I yield myself such time as I may consume.
(Mr. STUMP asked and was given permission to revise and extend his
remarks.)
Mr. STUMP. Mr. Speaker, I want to commend the gentleman from Illinois
[Mr. Evans] for introducing this bill and the subcommittee chairman,
the gentleman from Alabama [Mr. Everett], for acting on this
legislation. They have truly proceeded in a bipartisan manner and
deserve the support of the Members.
I would also like to thank my good friend, the gentleman from
Mississippi, Sonny Montgomery, the ranking minority member of the full
committee, for his efforts on this measure.
Mr. Speaker, I yield such time as he may consume to the gentleman
from Alabama [Mr. Everett] for an explanation of the bill.
Mr. EVERETT. Mr. Speaker, I thank the gentleman from Arizona [Mr.
Stump], the distinguished chairman of the Committee on Veterans'
Affairs and my good friend for yielding the time.
H.R. 1483 will offer veterans whose claims have been denied to appeal
on the grounds of clear and unmistakable error. The bill will do three
things.
First, it will codify the existing right of appeal at the regional
office. Second, it will establish right of appeal at the board of
veterans' appeals. And finally, it will provide access to the court of
veterans appeals on the grounds of clear and unmistakable error.
The bill received strong support from the VSO's on the grounds that
clear erroneous error on the part of the VA should never be allowed to
stand. VA has opposed the bill on the grounds that the right already
exists through the BVA, chairmans discretionary reconciliation
reconsidering process and the potential for increasing the claims
backlogged, but VA was unable to provide any data supporting the
concerns about potential increase in the backlog. I view this as a
classic confrontation between the right of the individual and the right
of the group, evidence to the contrary showing severe impact on the
veterans as a whole. I must support the individual's right to redress,
and I urge my colleagues to support the bill.
Mr. MONTGOMERY. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I want to congratulate and thank the distinguished
chairman of the committee, the honorable gentleman from Arizona [Mr.
Stump], for bringing this measure to the floor and also for the next
bill and say that we are a bipartisan committee, and we have worked
like that for years in a bipartisan manner doing everything we can to
help veterans.
{time} 1430
Mr. Speaker, I want to compliment my friend and ranking member of the
Subcommittee on Compensation, Pension, Insurance and Memorial Affairs
of the Committee on Veterans' Affairs, the gentleman from Illinois,
Lane Evans, for introducing this measure; and I want to say to the
chairman of the Subcommittee on Compensation, Pension, Insurance and
Memorial Affairs, the gentleman from Alabama, Terry Everett, I thank
him for his work in bringing both of these bills to the floor.
Mr. Speaker, the Board of Veterans' Appeals must review decisions
made by the VA regional offices as a veteran files an appeal within 1
year of the date of the decision. The board can reverse that decision
for many reasons, including errors in applying the law if errors in
judgment.
However, if no appeal is filed within 1 year, a veteran loses the
right to have the board review the decision, even if that decision was
clearly wrong. The bill before us gives veterans the right to have the
Board of Veterans Appeals' review a prior final decision, no matter
when it was made, and correct a clear and unmistakable error. It is a
good bill that serves the best interests of the veterans, and I urge my
colleagues to support the bill.
Mr. Speaker, I yield 3 minutes to the gentleman from Illinois [Mr.
Evans], the author of this bill.
Mr. EVANS. Mr. Speaker, I also want to express my appreciation to the
chairman of the full committee and the chairman of the subcommittee, to
the gentleman from Arizona, Bob Stump, and the gentleman from
Mississippi, Sonny Montgomery.
Mr. Speaker, both bills received extensive scrutiny at a subcommittee
hearing last October. They include measures recommended by the
administration and members of the Committee on Veteran's Affairs.
H.R. 1483 has received strong support from the Disabled American
Veterans and other veterans organizations.
Mr. Speaker, there has been some concern expressed about the possible
effect that this bill may have on the backlog of appeals at the Board
of Veterans' Appeals. I met with BVA Chairman Cragin and we discussed
the Administration's concern about this possibility. While I do not
believe that this legislation will have any appreciable effect on the
BVA backlog, I want to reflect several important matters concerning
this bill.
First, since veterans already have the right to raise a claim of
clear and unmistakable error before the regional office, any increase
in the BVA backlog should be minimal. Veterans have long had this
right, and it does not appear to cause unusual or time-wasting problems
today.
Second, the Board may wish to consider the adoption of procedural
rules to make consideration of appeals raising such issues less
burdensome, much as the Court of Veterans Appeals did in Russell versus
Principi and Fugo versus Brown.
In these cases, the Court noted that a simple claim of CUE, or a
``broad-brush allegation'' that previous decisions were wrong, is not
sufficient to constitute CUE.
If a claimant-appellant wishes to reasonably raise CUE
there must be some degree of specificity as to what the
alleged error is and . . . persuasive reasons must be given
as to why the result would have been manifestly different but
for the alleged error. Fugo v. Brown, 6 Vet. App. 40, 44
(1993).
It would appear that the Board could propose pleading standards
consistent with this statement which would make adjudication of non-
meritorious CUE claims easier.
However, an appellate system which would tolerate and let stand
decisions so patently wrong as to meet the demanding standard of being
clearly and unmistakably erroneous is a system not worthy of continued
respect. The very essence of a system of appellate and judicial review
cries out for correction of ``clear and unmistakable error'', no matter
when the error occurred or how much effort it takes to sift meritorious
claims from all others. I believe that this is why all of the veterans
service organizations support this legislation.
Mr. Speaker, I urge my colleagues to support this bill.
Mr. MONTGOMERY. Mr. Speaker, I yield 2 minutes to the gentleman from
California [Mr. Filner].
Mr. FILNER. Mr. Speaker, I thank the gentleman for yielding time to
me.
Mr. Speaker, more important than that, I thank the gentleman for his
friendship and his tutelage. We all know that the gentleman from
Mississippi [Mr. Montgomery] will be retiring at the end of this
session. I just want to say when I first arrived in Congress, there was
no one who was more gracious or more giving of his time and knowledge
than the gentleman from Mississippi; and I appreciate his service, of
course, to our Nation's veterans, and his assistance to me personally,
as I have tried to learn the issues of veterans.
Sonny, you are going to hear this many times in the next few months,
but you will be missed greatly. I thank the gentleman very much.
Mr. Speaker, I, too, rise in support of H.R. 1483. I was a proud
cosponsor of the bill, as were the various organizations, such as the
Disabled American Veterans and the Vietnam Veterans of America. This
bill, as we have heard, provides a review for veterans who have been
denied their benefits in the past. If there was a clear and
unmistakable error involved in a VA decision the veteran may appeal,
even if the
[[Page H5313]]
current time limit for appeals has expired. Retroactive benefits will
be paid to veterans whose appeal results in a favorable decision. The
Board of Veterans' Appeals will be required to review these cases.
Mr. Speaker, during the years 1991 through 1995, 3,600 motions to
reconsider Board of Veterans' Appeals decisions were filed, but only 22
percent were granted. The other 78 percent of veterans who believe they
had been wronged were denied a hearing on that appeal.
We must keep our promises to our veterans. There are many veterans
whose claims have been denied due to an error in the decision making
process. This bill will allow us to correct the wrongs that many of
these veterans have endured. I thank all the chairs and the ranking
members for bringing this bill today, and I urge my colleagues to
approve H.R. 1483.
Mr. GILMAN. Mr. Speaker, I rise today in strong support of H.R. 1483
revising veterans benefits decisions based on clear and unmistakable
error.
I want to thank the gentleman from Illinois, Mr. Evans, for
introducing this bill as well as Chairman Stump and Ranking Member
Montgomery for their support of this measure.
H.R. 1483 will amend current law to ensure that benefit decisions by
both VA regional offices and the Board of Veterans' Appeals are subject
to review on the grounds of clear and unmistakable error.
The intention of this legislation is make the consideration of
appeals based on clear and unmistakable errors less burdensome and to
ensure just results in cases where such error has occurred.
The Department of Veterans Affairs believes that this legislation
will streamline its claims adjudication process, and will result in a
more efficient and economical claims administration as well as savings
in general operating expenses.
I believe that this legislation provides needed assistance to those
veterans who have filed claims and I urge my colleagues to give it
their support.
Mr. MONTGOMERY. Mr. Speaker, I have no further requests for time, and
I yield back the balance of my time.
Mr. STUMP. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore (Mr. Wicker). The question is on the motion
offered by the gentleman from Arizona [Mr. Stump] that the House
suspend the rules and pass the bill, H.R. 1483.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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