IIA

104TH CONGRESS

2D SESSION H. R. 1483

IN THE SENATE OF THE UNITED STATES

MAY 22, 1996

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. REVISION OF DECISIONS BASED ON CLEAR

2 AND UNMISTAKABLE ERROR.

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

4 38, United States Code, is amended by inserting after sec5 tion 5109 the following new section:

6 ‘‘§ 5109A. Revision of decisions on grounds of clear

7 and unmistakable error

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

9 is subject to revision on the grounds of clear and unmis10 takable error. If evidence establishes the error, the prior

11 decision shall be reversed or revised.

12 ‘‘(b) For the purposes of authorizing benefits, a rat13 ing or other adjudicative decision that constitutes a rever14 sal or revision of a prior decision on the grounds of clear

15 and unmistakable error has the same effect as if the deci16 sion had been made on the date of the prior decision.

17 ‘‘(c) Review to determine whether clear and unmis18 takable error exists in a case may be instituted by the Sec19 retary on the Secretary’s own motion or upon request of

20 the claimant.

21 ‘‘(d) A request for revision of a decision of the Sec22 retary based on clear and unmistakable error may be made

23 at any time after that decision is made.

24 ‘‘(e) Such a request shall be submitted to the Sec25 retary and shall be decided in the same manner as any

26 other claim.’’.
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1 (2) The table of sections at the beginning of such

2 chapter is amended by inserting after the item relating

3 to section 5109 the following new item:

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

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

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

6 ‘‘§ 7111. Revision of decisions on grounds of clear and

7 unmistakable error

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

9 on the grounds of clear and unmistakable error. If evi10 dence establishes the error, the prior decision shall be re11 versed or revised.

12 ‘‘(b) For the purposes of authorizing benefits, a rat13 ing or other adjudicative decision of the Board that con14 stitutes a reversal or revision of a prior decision of the

15 Board on the grounds of clear and unmistakable error has

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

17 date of the prior decision.

18 ‘‘(c) Review to determine whether clear and unmis19 takable error exists in a case may be instituted by the

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

21 claimant.

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

23 based on clear and unmistakable error may be made at

24 any time after that decision is made.
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1 ‘‘(e) Such a request shall be submitted directly to the

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

3 without referral to any adjudicative or hearing official act4 ing on behalf of the Secretary.

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

6 reversal or revision of a previous Board decision due to

7 clear and unmistakable error shall be considered to be a

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

9 shall promptly transmit any such request to the Board for

10 its consideration under this section.’’.

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

12 chapter is amended by adding at the end the following

13 new item:

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

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

15 7111 of title 38, United States Code, as added by this

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

17 after the date of the enactment of this Act.

18 (2) Notwithstanding section 402 of the Veterans Ju19 dicial Review Act (38 U.S.C. 7251 note), chapter 72 of

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

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

22 alleging that a previous determination of the Board was

23 the product of clear and unmistakable error if that claim

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

25 Veterans Affairs, the Court of Veterans Appeals, the
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1 Court of Appeals for the Federal Circuit, or the Supreme

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

Passed the House of Representatives May 21, 1996.

Attest: ROBIN H. CARLE,

Clerk.

By LINDA NAVE,

Deputy Clerk.