H.R. 1090 (rh) To amend title 38, United States Code, to allow revision of veterans benefits decisions based on clear and unmistakable error. ...

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105th CONGRESS
  1st Session
                               H.R. 1090

                   IN THE SENATE OF THE UNITED STATES

                             April 17, 1997

Received; read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 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:

                                                ROBIN H. CARLE,

                                                                 Clerk.

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