---
kind: "section"
citation: "38 U.S.C. § 5109A"
title: "38"
title_heading: "Veterans’ Benefits"
number: "5109A"
heading: "Revision of decisions on grounds of clear and unmistakable error"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/5109A"
units:
  - "Part IV — General Administrative Provisions"
  - "Chapter 51 — Claims, Effective Dates, and Payments"
  - "Subchapter I — Claims"
---

# §5109A. Revision of decisions on grounds of clear and unmistakable error

- (a) A decision by the [Secretary](/usc/38/101.md?p=1) 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](/usc/38/101.md?p=1) on the [Secretary](/usc/38/101.md?p=1)’s own motion or upon request of the [claimant](/usc/38/5100.md?p=1).
- (d) A request for revision of a decision of the [Secretary](/usc/38/101.md?p=1) 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](/usc/38/101.md?p=1) and shall be decided in the same manner as any other claim.

## Source credit

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

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Pub. 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].”