To amend title 38, United States Code, to allow revision of veterans benefits decisions based on clear and unmistakable error.
PL 105-111 (H.R.1090), enacted 11/21/1997

PUBLIC LAW 105-111—NOV. 21, 1997 
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 
Nov. 21, 1997 
based on clear and unmistakable error. 
[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 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. 
I l l STAT. 2272 
PUBLIC LAW 105-111—NOV. 21, 1997 
38 u s e 5109A 
note. 
Applicability. 
38 u s e 7251 
note. 
"(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. 
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.