H. R. 1090
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
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 follow-
ing new section:
‘‘§ 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:
‘‘§ 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.
H. R. 1090—2
‘‘(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 unmistak-
able 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.