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Union Calendar No. 280

104TH CONGRESS

2D SESSION H. R. 1483

[Report No. 104–571]

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

MAY 10, 1996

Additional sponsors: Mr. SANDERS, Mrs. THURMAN, Mr. GOODLATTE, Mr.

JOHNSON of South Dakota, Mr. WALSH, Mr. MINGE, Mr. WATTS of

Oklahoma, Mr. ANDREWS, Mr. STEARNS, Mr. MONTGOMERY, Mr. NEY,

Mr. BOEHLERT, Ms. SLAUGHTER, Mr. SOLOMON, Mr. MCHUGH, Mr.

CLEMENT, Mr. BISHOP, Mr. DOYLE, and Mr. COOLEY of Oregon

MAY 10, 1996

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

A BILL

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

of veterans benefits decisions based on clear and unmistakable error.
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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:

8 ‘‘§ 5109A. Revision of decisions on grounds of clear

9 and unmistakable error

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

11 is subject to revision on the grounds of clear and unmis12 takable error. If evidence establishes the error, the prior

13 decision shall be reversed or revised.

14 ‘‘(b) For the purposes of authorizing benefits, a rat15 ing or other adjudicative decision that constitutes a rever16 sal or revision of a prior decision on the grounds of clear

17 and unmistakable error has the same effect as if the deci18 sion had been made on the date of the prior decision.

19 ‘‘(c) Review to determine whether clear and unmis20 takable error exists in a case may be instituted by the Sec21 retary on the Secretary’s own motion or upon request of

22 the claimant.

23 ‘‘(d) A request for revision of a decision of the Sec24 retary based on clear and unmistakable error may be made

25 at any time after that decision is made.
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1 ‘‘(e) Such a request shall be submitted to the Sec2 retary and shall be decided in the same manner as any

3 other claim.’’.

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

5 chapter is amended by inserting after the item relating

6 to section 5109 the following new item:

‘‘5109A. Revision of decisions on grounds of clear and unmistakable error.’’.

7 (b) BVA DECISIONS.—(1) Chapter 71 of such title

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

9 ‘‘§ 7111. Revision of decisions on grounds of clear and

10 unmistakable error

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

12 on the grounds of clear and unmistakable error. If evi13 dence establishes the error, the prior decision shall be re14 versed or revised.

15 ‘‘(b) For the purposes of authorizing benefits, a rat16 ing or other adjudicative decision of the Board that con17 stitutes a reversal or revision of a prior decision of the

18 Board on the grounds of clear and unmistakable error has

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

20 date of the prior decision.

21 ‘‘(c) Review to determine whether clear and unmis22 takable error exists in a case may be instituted by the

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

24 claimant.
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1 ‘‘(d) A request for revision of a decision of the Board

2 based on clear and unmistakable error may be made at

3 any time after that decision is made.

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

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

6 without referral to any adjudicative or hearing official act7 ing on behalf of the Secretary.

8 ‘‘(f) A claim filed with the Secretary that requests

9 reversal or revision of a previous Board decision due to

10 clear and unmistakable error shall be considered to be a

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

12 shall promptly transmit any such request to the Board for

13 its consideration under this section.’’.

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

15 chapter is amended by adding at the end the following

16 new item:

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

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

18 7111 of title 38, United States Code, as added by this

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

20 after the date of the enactment of this Act.

21 (2) Notwithstanding section 402 of the Veterans Ju22 dicial Review Act (38 U.S.C. 7251 note), chapter 72 of

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

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

25 alleging that a previous determination of the Board was
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1 the product of clear and unmistakable error if that claim

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

3 Veterans Affairs, the Court of Veterans Appeals, the

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

5 Court on, the date of the enactment of this Act.
Union Calendar No. 280

104TH CONGRESS

2D SESSION H. R. 1483

[Report No. 104–571]

A BILL

To amend title 38, United States Code, to allow reclear and unmistakable error. vision of veterans benefits decisions based on

MAY 10, 1996

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed