Home > 105th Congressional Public Laws > Pub.L. 105-112 To provide a law enforcement exception to the prohibition on the advertising of certain electronic devices. <> ...

Pub.L. 105-112 To provide a law enforcement exception to the prohibition on the advertising of certain electronic devices. <> ...


Google
 
Web GovRecords.org

<DOC>



[[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:
---------------------------------------------------------------------------

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.

                                  <all>

Pages: 1

Other Popular 105th Congressional Public Laws Documents:

1 Pub.L. 105-3 Approving the Presidential finding that the limitation on obligations ...
2 Pub.L. 105-293 To extend certain contracts between the Bureau of Reclamation and irrigation water contractors in Wyoming and Nebraska that receive water from Glendo Reservoir. <> ...
3 Pub.L. 105-189 To extend the deadline under the Federal Power Act for the construction of a hydroelectric project located in the State of Washington, and for other purposes. <> ...
4 Pub.L. 105-339 To amend title 5, United States Code, to provide that consideration may not be denied to preference eligibles applying for certain positions in the competitive service, and for other purposes. <> %%Filename:...
5 Pub.L. 105-289 To amend title 35, United States Code, to protect patent owners against the unauthorized sale of plant parts taken from plants illegally reproduced, and for other purposes. <> ...
6 Pub.L. 105-244 To extend the authorization of programs under the Higher Education Act of 1965, and for other purposes. <> ...
7 Pub.L. 105-54 To amend the Immigration and Nationality Act to extend the special ...
8 Pub.L. 105-261 To authorize appropriations for fiscal year 1999 for military activities ...
9 Pub.L. 105-47 <> To authorize appropriations for carrying out the Earthquake Hazards Reduction Act of 1977 for fiscal years 1998 and 1999, and for other purposes. ...
10 Pub.L. 105-201 Approving the location of a Martin Luther King, Jr., Memorial in the Nation's Capital. <> ...
11 Pub.L. 105-307 To designate the Biscayne National Park Visitor Center as the Dante Fascell Visitor Center. <> ...
12 Pub.L. 105-394 To support programs of grants to States to address the assistive technology needs of individuals with disabilities, and for other purposes. <> ...
13 Pub.L. 105-13 To extend the term of appointment of certain members of the Prospective Payment Assessment Commission and the Physician Payment Review Commission. <> ...
14 Pub.L. 105-105 Granting the consent of Congress to the Alabama-Coosa-Tallapoosa River Basin Compact. <> ...
15 Pub.L. 105-292 To express United States foreign policy with respect to, and to ...
16 Pub.L. 105-41 To allow postal patrons to contribute to funding for breast cancer research through the voluntary purchase of certain specially issued United States postage stamps, and for other purposes. <> ...
17 Pub.L. 105-212 To extend the deadline under the Federal Power Act applicable to the construction of FERC Project Number 9248 in the State of Colorado, and for other purposes. <> ...
18 Pub.L. 105-63 To designate the United States courthouse at 500 State Avenue in Kansas City, Kansas, as the ``Robert J. Dole United States Courthouse''. <> ...
19 Pub.L. 105-258 To amend the Shipping Act of 1984 to encourage competition in international shipping and growth of United States exports, and for other purposes. <> ...
20 Pub.L. 105-273 Making further continuing appropriations for the fiscal year 1999, and for other purposes. <> ...
21 Pub.L. 105-25 To amend the President John F. Kennedy Assassination Records Collection Act of 1992 to extend the authorization of the Assassination Records Review Board until September 30, 1998. <> ...
22 Pub.L. 105-148 To amend title 49, United States Code, to require the National ...
23 Pub.L. 105-215 To present a congressional gold medal to Nelson Rolihlahla Mandela. <> ...
24 Pub.L. 105-310 To amend chapter 53 of title 31, United States Code, to require the ...
25 Pub.L. 105-22 To extend certain privileges, exemptions, and immunities to Hong Kong Economic and Trade Offices. <> ...
26 Pub.L. 105-236 To grant the consent of the Congress to the Texas Low-Level Radioactive Waste Disposal <> Compact. ...
27 Pub.L. 105-102 To codify without substantive change laws related to transportation and to improve the United States Code. <> ...
28 Pub.L. 105-139 To make technical corrections to the Nicaraguan Adjustment and Central American Relief Act. <> ...
29 Pub.L. 105-313 To deem the activities of the Miccosukee Tribe on the Miccosukee Reserved Area to be consistent with the purposes of the Everglades National Park, and for other purposes. <> ...
30 Pub.L. 105-170 To direct the Administrator of the Federal Aviation Administration to ...


Other Documents:

105th Congressional Public Laws Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy