Home > 105th Congressional Bills > H.R. 1090 (enr) To amend title 38, United States Code, to allow revision of veterans benefits decisions based on clear and unmistakable error. ...H.R. 1090 (enr) To amend title 38, United States Code, to allow revision of veterans benefits decisions based on clear and unmistakable error. ...
105th CONGRESS
1st Session
H. R. 1090
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to allow revision of veterans
benefits decisions based on clear and unmistakable error.
105th CONGRESS
1st Session
H. R. 1090
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to allow revision of veterans
benefits decisions based on clear and unmistakable error.
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.
``(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.
Passed the House of Representatives April 16, 1997.
Attest:
Clerk.
Pages: 1 Other Popular 105th Congressional Bills Documents:
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