Page:United States Statutes at Large Volume 111 Part 3.djvu/184

 Ill STAT. 2272 PUBLIC LAW 105-111—NOV. 21, 1997 38 USC 5109A note. Applicability. 38 USC 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 unmistakable 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.

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