Page:United States Statutes at Large Volume 111 Part 3.djvu/183

 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 following new section: 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.
 * §5109A. Revision of decisions on grounds of clear and

�