-CITE-

    38 USC Sec. 5109A                                           01/19/04

-EXPCITE-

    TITLE 38 - VETERANS' BENEFITS

    PART IV - GENERAL ADMINISTRATIVE PROVISIONS

    CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS

    SUBCHAPTER I - CLAIMS

-HEAD-

    Sec. 5109A. Revision of decisions on grounds of clear and

      unmistakable error

-STATUTE-

      (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.

-SOURCE-

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

    2271.)

-MISC1-

                              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]."