§5109A — Title 38 Veterans' Benefits | U.S. Code

Summary

VA Secretary may change a prior decision when a clear and unmistakable error is shown; if so, the decision must be reversed. The revised decision counts as of the original decision date for benefits. Either the Secretary or the person who filed the claim can ask for review at any time, and requests are decided like other claims.

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.

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].”

§5109A Revision of Decisions on Grounds of Clear and Unmistakable Error

Summary

Title 38, §5109A

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata