[105th Congress Public Law 111]
[From the U.S. Government Printing Office]
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[DOCID: f:publ111.105]
[[Page 111 STAT. 2271]]
Public Law 105-111
105th Congress
An Act
To amend title 38, United States Code, to allow revision of veterans
benefits decisions based on clear and unmistakable error. <<NOTE: Nov.
21, 1997 - [H.R. 1090]>>
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 decision shall be reversed or revised.
[[Page 111 STAT. 2272]]
``(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) <<NOTE: 38 USC 5109 A note.>> 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 <<NOTE: Applicability. 38 USC 7251 note.>>
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.
Approved November 21, 1997.
LEGISLATIVE HISTORY--H.R. 1090:
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HOUSE REPORTS: No. 105-52 (Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD, Vol. 143 (1997):
Apr. 16, considered and passed House.
Nov. 10, considered and passed Senate.
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