
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC5109A]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART IV--GENERAL ADMINISTRATIVE PROVISIONS
 
            CHAPTER 51--CLAIMS, EFFECTIVE DATES, AND PAYMENTS
 
                          SUBCHAPTER I--CLAIMS
 
Sec. 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.

(Added Pub. L. 105-111, Sec. 1(a)(1), Nov. 21, 1997, 111 Stat. 2271.)


                             Effective Date

    Section 1(c)(1) of Pub. L. 105-111 provided that: ``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 [Nov. 21, 1997].''
