STANDARD FOR REVERSAL BY COURT OF APPEALS FOR VETERANS CLAIMS OF ERRONEOUS FINDING OF FACT BY BOARD OF VETERANS’ APPEALS.

SEC. 401. STANDARD FOR REVERSAL BY COURT OF APPEALS FOR VETERANS CLAIMS OF ERRONEOUS FINDING OF FACT BY BOARD OF VETERANS’ APPEALS. (a) Standard for Reversal.—Paragraph (4) of subsection (a) of section 7261 is amended— (1) by inserting “adverse to the claimant” after “material fact”; and (2) by inserting “or reverse” after “and set aside”. (b) Requirements for Review.—Subsection (b) of that section is amended to read as follows: “(b) In making the determinations under subsection (a), the Court shall review the record of proceedings before the Secretary and the Board of Veterans’ Appeals pursuant to section 7252(b) of this title and shall— “(1) take due account of the Secretary’s application of section 5107(b) of this title; and “(2) take due account of the rule of prejudicial error.”. (c) Applicability.—(1) Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (2) The amendments made by this section shall apply with respect to any case pending for decision before the United States Court of Appeals for Veterans Claims other than a case in which a decision has been entered before the date of the enactment of this Act.