Title 38 — Veterans' BenefitsRelease 119-73
§5109A Revision of decisions on grounds of clear and unmistakable error
Title 38 › Part PART IV— - GENERAL ADMINISTRATIVE PROVISIONS › Chapter CHAPTER 51— - CLAIMS, EFFECTIVE DATES, AND PAYMENTS › Subchapter SUBCHAPTER I— - CLAIMS › § 5109A
Summary
The Secretary must reverse prior decisions when a clear and unmistakable error is found. The change counts for benefits as if it had been decided on the original decision date. Either the Secretary or the claimant can ask for a review at any time, and requests are handled like other claims.
Full Legal Text
Title 38, §5109A
Veterans' Benefits — Source: USLM XML via OLRC
(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.
Legislative History
Notes & Related Subsidiaries
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 105–111, § 1(c)(1), Nov. 21, 1997, 111 Stat. 2272, provided that: “section 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 [Nov. 21, 1997].”
Reference
Citations & Metadata
Citation
38 U.S.C. § 5109A
Title 38 — Veterans' Benefits
Last Updated
Apr 6, 2026
Release point: 119-73