I

104TH CONGRESS

1ST SESSION H. R. 1483

To amend title 38, United States Code, to allow revision of veterans benefits

decisions based on clear and unmistakable error.

IN THE HOUSE OF REPRESENTATIVES

APRIL 7, 1995

Mr. EVANS (for himself, Mr. MASCARA, Mr. FILNER, and Mr. GUTIERREZ)

introduced the following bill; which was referred to the Committee on

Veterans’ Affairs

A BILL

To amend title 38, United States Code, to allow revision

of veterans benefits decisions based on clear and unmistakable error.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. REVISION OF DECISIONS BASED ON CLEAR

4 AND UNMISTAKABLE ERROR.

5 (a) ORIGINAL DECISIONS.—(1) Chapter 51 of title

6 38, United States Code, is amended by inserting after sec7 tion 5109 the following new section:
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1 ‘‘§ 5109A. Revision of decisions on grounds of clear

2 and unmistakable error

3 ‘‘(a) A decision by the Secretary under this chapter

4 is subject to revision on the grounds of clear and unmis5 takable error. If evidence establishes the error, the prior

6 decision shall be reversed or revised.

7 ‘‘(b) For the purposes of authorizing benefits, a rat8 ing or other adjudicative decision that constitutes a rever9 sal or revision of a prior decision on the grounds of clear

10 and unmistakable error has the same effect as if the deci11 sion had been made on the date of the prior decision.

12 ‘‘(c) Review to determine whether clear and unmis13 takable error exists in a case may be instituted by the Sec14 retary on the Secretary’s own motion or upon request of

15 the claimant.

16 ‘‘(d) A request for revision of a decision of the Sec17 retary based on clear and unmistakable error may be made

18 at any time after that decision is made.

19 ‘‘(e) Such a request shall be submitted to the Sec20 retary and shall be decided in the same manner as any

21 other claim.’’.

22 (2) The table of sections at the beginning of such

23 chapter is amended by inserting after the item relating

24 to section 5109 the following new item:

‘‘5109A. Revision of decisions on grounds of clear and unmistakable error.’’.
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1 (b) BVA DECISIONS.—(1) Chapter 71 of such title

2 is amended by adding at the end the following new section:

3 ‘‘§ 7111. Revision of decisions on grounds of clear and

4 unmistakable error

5 ‘‘(a) A decision by the Board is subject to revision

6 on the grounds of clear and unmistakable error. If evi7 dence establishes the error, the prior decision shall be re8 versed or revised.

9 ‘‘(b) For the purposes of authorizing benefits, a rat10 ing or other adjudicative decision of the Board that con11 stitutes a reversal or revision of a prior decision of the

12 Board on the grounds of clear and unmistakable error has

13 the same effect as if the decision had been made on the

14 date of the prior decision.

15 ‘‘(c) Review to determine whether clear and unmis16 takable error exists in a case may be instituted by the

17 Board on the Board’s own motion or upon request of the

18 claimant.

19 ‘‘(d) A request for revision of a decision of the Board

20 based on clear and unmistakable error may be made at

21 any time after that decision is made.

22 ‘‘(e) Such a request shall be submitted directly to the

23 Board and shall be decided by the Board on the merits,

24 without referral to any adjudicative or hearing official act25 ing on behalf of the Secretary.
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1 ‘‘(f) A claim filed with the Secretary that requests

2 reversal or revision of a previous Board decision due to

3 clear and unmistakable error shall be considered to be a

4 request to the Board under this section, and the Secretary

5 shall promptly transmit any such request to the Board for

6 its consideration under this section.’’.

7 (2) The table of sections at the beginning of such

8 chapter is amended by adding at the end the following

9 new item:

‘‘7111. Revision of decisions on grounds of clear and unmistakable error.’’.

10 (c) EFFECTIVE DATE.—(1) Sections 5109A and

11 7111 of title 38, United States Code, as added by this

12 section, apply to any determination made before, on, or

13 after the date of the enactment of this Act.

14 (2) Notwithstanding section 402 of the Veterans Ju15 dicial Review Act (38 U.S.C. 7251 note), chapter 72 of

16 title 38, United States Code, shall apply with respect to

17 any decision of the Board of Veterans’ Appeals on a claim

18 alleging that a previous determination of the Board was

19 the product of clear and unmistakable error if that claim

20 is filed after, or was pending before the Department of

21 Veterans Affairs, the Court of Veterans Appeals, the

22 Court of Appeals for the Federal Circuit, or the Supreme

23 Court on, the date of the enactment of this Act.

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