Equitable Relief

[Wings]

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Any new cases at the court for equitable relief, just asking??? ~Wings

Section 503 of title 38, United States Code, authorizes the Secretary of Veterans Affairs to provide equitable relief if he or she determines that VA benefits have not been provided due to an administrative error by the Federal government or that a veteran, surviving spouse, child of a veteran, or other person has detrimentally relied upon an erroneous determination by VA regarding eligibility

or entitlement to benefits.

Edited May 23, 2008 by Wings

[Berta]

I havent seen any since Darrow V Derwinski and Zimick V West-

and Nehmer V VA 1991 (Agent Orange class action members- all AO vets and their survivors)

NYLSP in the 2007 edition of the VBM explains that only the Secretary can "personally" can provide equitable relief- under this statute and that it was only regarding the "absolute discretion of the Secretary" if equitable relief would be obtained.

In Nehmer Vs. VA -the Secretary used his 503 authority by agreement to pay retroactive compensation to any estates of deceased AO veterans ( since they are in the Nehmer class action)

However the Ninth Circuit court had to had to enforce a consent order for the VA to actually pay much of that retro and the VA is probably still sitting on Nehmer money owed to estates or next of Kin of deceased AO veterans.

I am glad you mentioned this here Wings because we recently had a AO CCL vet here who I sent the actual Cll AO regs to because VA didnt pay him his proper retro.

I think he did post that he received his retro-have o check on that-

The 503 section-in my opinion- would be extremely difficult for any claimant to reply on in hoping to attain an award.

An "administrative error" is actually a legal error and the claimant could use that approach with VA by asking them to CUE themselves-

in an open claim or by filing a CUE claim on a past denied claim.

Edited May 23, 2008 by Berta

[Wings]

I havent seen any since Darrow V Derwinski and Zimick V West-

and Nehmer V VA 1991 (Agent Orange class action members- all AO vets and their survivors)

NVLSP in the 2007 edition of the VBM explains that only the Secretary can "personally" can provide equitable relief- under this statute and that it was only regarding the "absolute discretion of the Secretary" if equitable relief would be obtained.

In Nehmer Vs. VA -the Secretary used his 503 authority by agreement to pay retroactive compensation to any estates of deceased AO veterans ( since they are in the Nehmer class action)

However the Ninth Circuit court had to had to enforce a consent order for the VA to actually pay much of that retro and the VA is probably still sitting on Nehmer money owed to estates or next of Kin of deceased AO veterans.

I am glad you mentioned this here Wings because we recently had a AO CCL vet here who I sent the actual Cll AO regs to because VA didnt pay him his proper retro.

I think he did post that he received his retro-have to check on that-

The 503 section-in my opinion- would be extremely difficult for any claimant to reply on in hoping to attain an award.

An "administrative error" is actually a legal error and the claimant could use that approach with VA by asking them to CUE themselves-in an open claim or by filing a CUE claim on a past denied claim.

Berta, Prior to the veteran's court, I would read "private house or senate bills" for extraordinary relief; maybe this evolved into "writ" actions atthe court.

I AM calling CUE on an administrative error, but without case law to support my arguments on equitable relief, perhaps I would be better to leave it alone. Have only a day or so to decide.

I can not get to that OPGC PREC 11-94, it will not let me load the file!

Authority to Deny Claimant's Request for Equitable Relief Citation: Vet. Aff. Op. Gen Couns. Prec. 11-94, VAOPGCPREC 11-94, 1994 http://www.va.gov/ogc/opinions/1994precedentopinions.asp

Equitable Relief is for an "administrative" error. I don't understand why the Secretary can not delegate authority to adjudicate this issue?!