U.S. Code » Title 38 » Part PART I— GENERAL PROVISIONS › Chapter CHAPTER 5— AUTHORITY AND DUTIES OF THE SECRETARY › Subchapter SUBCHAPTER I— GENERAL AUTHORITIES

38 U.S.C. § 503

Administrative error; equitable relief

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(a) If the Secretary determines that benefits administered by the Department have not been provided by reason of administrative error on the part of the Federal Government or any of its employees, the Secretary may provide such relief on account of such error as the Secretary determines equitable, including the payment of moneys to any person whom the Secretary determines is equitably entitled to such moneys.(b) If the Secretary determines that a 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 eligibility or entitlement to benefits, without knowledge that it was erroneously made, the Secretary may provide such relief on account of such error as the Secretary determines is equitable, including the payment of moneys to any person whom the Secretary determines is equitably entitled to such moneys.(c) Not later than April 1 of each year, the Secretary shall submit to Congress a report containing a statement as to the disposition of each case recommended to the Secretary for equitable relief under this section during the preceding calendar year. No report shall be required under this subsection after December 31, 2026.(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 386; amended Pub. L. 106–419, title IV, § 403(c)(1), Nov. 1, 2000, 114 Stat. 1864; Pub. L. 109–233, title IV, § 403, June 15, 2006, 120 Stat. 411; Pub. L. 111–275, title VIII, § 808, Oct. 13, 2010, 124 Stat. 2893; Pub. L. 113–175, title IV, § 403, Sept. 26, 2014, 128 Stat. 1905; Pub. L. 114–58, title IV, § 404, Sept. 30, 2015, 129 Stat. 535; Pub. L. 114–228, title IV, § 404, Sept. 29, 2016, 130 Stat. 940; Pub. L. 115–62, title IV, § 404, Sept. 29, 2017, 131 Stat. 1164; Pub. L. 115–251, title I, § 164, Sept. 29, 2018, 132 Stat. 3171; Pub. L. 116–159, div. E, title IV, § 5402, Oct. 1, 2020, 134 Stat. 751; Pub. L. 117–180, div. E, title II, § 203, Sept. 30, 2022, 136 Stat. 2137; Pub. L. 118–83, div. B, title III, § 335, Sept. 26, 2024, 138 Stat. 1542; Pub. L. 119–37, div. G, title IV, § 7402, Nov. 12, 2025, 139 Stat. 654.)Editorial NotesPrior Provisions

Prior sections 503 and 504 were renumbered sections 1503 and 1504 of this title, respectively.

Provisions similar to those in this section were contained in section 210(c)(2), (3) of this title prior to repeal by Pub. L. 102–83, § 2(a).

Amendments

2025—Subsec. (c). Pub. L. 119–37 substituted “December 31, 2026” for “December 31, 2025”.

2024—Subsec. (c). Pub. L. 118–83 substituted “December 31, 2025” for “December 31, 2024”.

2022—Subsec. (c). Pub. L. 117–180 substituted “December 31, 2024” for “December 31, 2022”.

2020—Subsec. (c). Pub. L. 116–159 substituted “December 31, 2022” for “December 31, 2020”.

2018—Subsec. (c). Pub. L. 115–251 substituted “December 31, 2020” for “December 31, 2018”.

2017—Subsec. (c). Pub. L. 115–62 substituted “December 31, 2018” for “December 31, 2017”.

2016—Subsec. (c). Pub. L. 114–228 substituted “December 31, 2017” for “December 31, 2016”.

2015—Subsec. (c). Pub. L. 114–58 substituted “December 31, 2016” for “December 31, 2015”.

2014—Subsec. (c). Pub. L. 113–175 substituted “December 31, 2015” for “December 31, 2014”.

2010—Subsec. (c). Pub. L. 111–275 substituted “December 31, 2014” for “December 31, 2009”.

2006—Subsec. (c). Pub. L. 109–233 substituted “December 31, 2009” for “December 31, 2004”.

2000—Subsec. (c). Pub. L. 106–419 inserted at end “No report shall be required under this subsection after December 31, 2004.”

Statutory Notes and Related SubsidiariesEffective Date of 2025 Amendment

Amendment by Pub. L. 119–37 effective as if enacted on Sept. 30, 2025, see section 7406 of Pub. L. 119–37, set out as a note under section 111A of this title.

Notes of Decisions
Cited in 133 cases (21 in the last 5 years), 1944–2025 · leading case: Kay v. Principi, 16 Vet. App. 529 (Vet. App. 2002).
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Kay v. Principi, 16 Vet. App. 529 (Vet. App. 2002). · cites it 3× “Lastly, the Secretary states that he is not inclined to use his discretionary power under 38 U.S.C. § 503 (a) because there was no administrative error on the part of the federal government.”
Bill M. Noah v. Robert A. McDonald, 28 Vet. App. 120 (Vet. App. 2016). · cites it 6× “I also write separately to emphasize that the equitable relief that the appellant seeks is available at the Secretary's discretion pursuant to 38 U.S.C. § 503 (a). This Court "is not a court of equity" and cannot mandate an award of benefits in the absence of statutory…”
Darrow v. Derwinski, 2 Vet. App. 303 (Vet. App. 1992). · cites it 6× “The BVA ruled that an administrative grant of partial equitable relief by the Secretary of Veterans Affairs (Secretary) under 38 U.S.C. § 503 (a) (formerly § 210(c)(2)) was not a matter falling within the appellate jurisdiction of the BVA, and therefore, no issue was properly…”
Claudus G. Smith, Claimant-Appellant v. Anthony J. Principi, Sec'y of Vets. Affairs, 281 F.3d 1384 (Fed. Cir. 2002). · cites it 2× “, the “no-interest rule”) and that the general language of 38 U.S.C. § 503 (a), which broadly authorizes the Secretary of Veterans Affairs to provide any “equitable” relief, including “the payment of money,” does not constitute such a waiver.”
Leamon Johnson , Jr. v. Anthony J. Principi, 17 Vet. App. 436 (Vet. App. 2004). · cites it 4× “Sec'y), in which it held, in a regulation challenge under 38 U.S.C. § 503 , that 38 C.F.R. § 19.9 (a)(2), as revised on January 23, 2002, 67 Fed.”
Herlehy v. Principi, 15 Vet. App. 33 (Vet. App. 2001). · cites it 4× “127, 138 (1993) (BVA without jurisdiction to review Secretary's exercise of 38 U.S.C. § 503 (a) equitable- relief discretion).”
Burris v. Wilkie, 888 F.3d 1352 (Fed. Cir. 2018). · cites it 2× “Citing 38 U.S.C. § 503 -which gives the Secretary of the VA authority to pay "moneys to any person whom the Secretary determines is equitably entitled"-the court determined that only the Secretary may provide such relief.”
Suttmann v. Brown, 5 Vet. App. 127 (Vet. App. 1993). · cites it 3× “On appeal, the appellant asserts that the Board committed error by failing to award service connection for beriberi and beriberi heart disease, to provide adequate assistance in developing evidence pertinent to that claim, and to award equitable relief under 38 U.S.C.A. § 503…”
Russell v. Principi, 3 Vet. App. 310 (Vet. App. 1992). · cites it 2× “38 U.S.C. § 503 (formerly § 210(c)(2)). However, this Court may review only decisions of the Board; we have no jurisdiction to review Secretarial consideration of equitable relief under 38 U.”
William E. Freeman v. Eric K. Shinseki, 24 Vet. App. 404 (Vet. App. 2011). · cites it 4× “The Court then discussed the Secretary's equitable powers under 38 U.S.C. § 503 as an example of discretion not subject to judicial review, citing Darrow v.”
Smith v. Gober, 14 Vet. App. 227 (Vet. App. 2000). · cites it 2× “The veteran rests his case upon the premise that 38 U.S.C. § 503 (a) is an express statutory authorization for the payment of interest.”
Andrews v. Principi, 16 Vet. App. 309 (Vet. App. 2002). · cites it 5× “Finally, the appellant asserts that 38 U.S.C. § 503 (a) constitutes a Congressional grant of authority for the application of equitable principles to the provisions of section 5110, because section 503(a) provides for equitable relief to remedy administrative error by employees…”
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