§ 7111. — Revision of decisions on grounds of clear and unmistakable error.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC7111]
TITLE 38--VETERANS' BENEFITS
PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
CHAPTER 71--BOARD OF VETERANS' APPEALS
Sec. 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.
(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.
(Added Pub. L. 105-111, Sec. 1(b)(1), Nov. 21, 1997, 111 Stat. 2271.)
Effective Date
Section applicable to any determination made before, on, or after
Nov. 21, 1997, see section 1(c)(1) of Pub. L. 105-111, set out as a note
under section 5109A of this title.
