2014 US Code
Title 38 - Veterans' Benefits (Sections 101 - 8528)
Part IV - General Administrative Provisions (Sections 5100 - 6308)
Chapter 51 - Claims, Effective Dates, and Payments (Sections 5100 - 5126)
Subchapter I - Claims (Sections 5100 - 5109B)
Sec. 5109A - Revision of decisions on grounds of clear and unmistakable error
Publication Title | United States Code, 2012 Edition, Supplement 2, Title 38 - VETERANS' BENEFITS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | 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 |
Contains | section 5109A |
Date | 2014 |
Laws In Effect As Of Date | January 5, 2015 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 105-111, §1(a)(1), Nov. 21, 1997, 111 Stat. 2271. |
Statutes at Large References | 111 Stat. 2271, 2272 |
Public and Private Laws | Public Law 105-111 |
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(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, §1(a)(1), Nov. 21, 1997, 111 Stat. 2271.)
EFFECTIVE DATEPub. L. 105–111, §1(c)(1), Nov. 21, 1997, 111 Stat. 2272, 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]."
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