(a) Section 503(a) of title 38 U.S.C., provides that if the Secretary determines that benefits administered by the Department of Veterans Affairs have not been provided by reason of administrative error on the part of the Federal Government or any of its employees, the Secretary is authorized to provide such relief on account of such error as the Secretary determines equitable, including the payment of moneys to any person whom he determines equitably entitled thereto.
(b) Section 503(b) of title 38 U.S.C., provides that if the Secretary determines that any veteran, surviving spouse, child of a veteran, or other person, has suffered loss, as a consequence of reliance upon a determination by the Department of Veterans Affairs of eligibility or entitlement to benefits, without knowledge that it was erroneously made, the Secretary is authorized to provide such relief as the Secretary determines equitable, including the payment of moneys to any person equitably entitled thereto. The Secretary is also required to submit an annual report to the Congress, containing a brief summary of each recommendation for relief and its disposition. Preparation of the report shall be the responsibility of the General Counsel.
(c) The authority to grant the equitable relief, referred to in paragraphs (a) and (b) of this section, has not been delegated and is reserved to the Secretary. Recommendation for the correction of administrative error and for appropriate equitable relief therefrom will be submitted to the Secretary, through the General Counsel. Such recommendation may be initiated by the head of the administration having responsibility for the benefit, or of any concerned staff office, or by the Chairman, Board of Veterans Appeals. When a recommendation for relief under paragraph (a) or (b) of this section is initiated by the head of a staff office, or the Chairman, Board of Veterans Appeals, the views of the head of the administration having responsibility for the benefit will be obtained and transmitted with the recommendation of the initiating office.
(Authority: 38 U.S.C. 503, 512)
[37 FR 22864, Oct. 26, 1972, as amended at 49 FR 30693, Aug. 1, 1984; 54 FR 34981, Aug. 23, 1989; 68 FR 25504, May 13, 2003]
Notes of Decisions
Cited in
22
cases (
3 in the last 5 years), 1992–2023 · leading case:
Herlehy v. Principi, 15 Vet. App. 33 (Vet. App. 2001).
Herlehy v. Principi, 15 Vet. App. 33 (Vet. App. 2001).
· cites it 2× “See 38 C.F.R. § 2.7 (2000); Taylor v. West, 11 Vet.”
Burris v. Wilkie, 888 F.3d 1352 (Fed. Cir. 2018).
“See 38 C.F.R. § 2.7 (c) (stating that the authority under § 503"has not been delegated and is reserved to the Secretary").”
Darrow v. Derwinski, 2 Vet. App. 303 (Vet. App. 1992).
· cites it 2× “Thereafter, in 1972, the Secretary confirmed this understanding by promulgating 38 C.F.R. § 2.7 , which specifically states that the Secretary’s authority to grant equitable relief “has not been delegated and is reserved to the Secretary.”
Elizabeth H. Bonner v. R. James Nicholson, 19 Vet. App. 188 (Vet. App. 2005).
· cites it 2× “45, 50-51 (1998) (explaining that Secretary's authority to grant equitable relief under section 503 is wholly within Secretary's discretion and Court lacks jurisdiction to review exercise of Secretary's equity discretion); 38 C.F.R. § 2.7 (2004). Specifically, section 503…”
Taylor v. McDonough, 3 F.4th 1351 (Fed. Cir. 2021).
· cites it 2× “the Secretary may provide such relief on account of such error as the Secretary determines equitable, includ- ing the payment of moneys”); 38 C.F.R. § 2.7 (similar). Case: 19-2211 Document: 35 Page: 19 Filed: 06/30/2021 TAYLOR v.”
Harvey v. Brown, 6 Vet. App. 416 (Vet. App. 1994).
“See 38 C.F.R. § 2.7 (1993). III. Conclusion Upon consideration of the record and the pleadings of the parties, the Court holds that the appellant has not demonstrated that the BVA committed error that would warrant remand or reversal under 38 U.”
Carolyn K. Holle v. Robert A. McDonald, 28 Vet. App. 112 (Vet. App. 2016).
“45, 50-51 (1998); 38 C.F.R. § 2.7 (2015). The Secretary’s authority under section 503 is entirely discretionary and not reviewable by this Court.”
Flash v. Brown, 8 Vet. App. 332 (Vet. App. 1995).
“303, 304-06 (1992); see also 38 C.F.R. § 2.7 (1994). 2. Service connection for hearing loss.”
Burris v. Principi, 15 Vet. App. 348 (Vet. App. 2001).
“§ 503 (authorizing Secretary to grant relief that is equitable in nature, including granting of “payment of moneys to any person whom Secretary determines is equitably entitled to such moneys”); 38 C.F.R. § 2.7 (2000); Zimick v. West, 11 Vet.”
Pappalardo v. Brown, 6 Vet. App. 63 (Vet. App. 1993).
“§ 503 (a) (West 1991); 38 C.F.R. § 2.7 (a), (c) (1993); Darrow v.”
Brown v. Principi, 15 Vet. App. 421 (Vet. App. 2002).
“See 38 C.F.R. § 2.7 (2001); Taylor v. West, 11 Vet.”
Snyder v. West, 13 Vet. App. 244 (Vet. App. 1999).
“” See also 38 C.F.R. § 2.7 (1998). Accordingly, the Court will direct parties to file their briefs in the appeal, which should address as well the Court’s authority to issue a writ, under the AWA, in aid of the Court’s jurisdiction over the appeal, directing the Secretary,…”
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