UpToHere Posted October 19, 2018 Share Posted October 19, 2018 Two years ago, I petitioned for equitable relief, on the bases of "A," "B," and "C." Compensation Service denied my petition, on the grounds that "B" and "C" did not establish eligibility, but said nothing about "A." One year ago, I petitioned for equitable relief again, but only on the basis of "A." Last month, VA issued a new denial decision, again on the grounds that "B" and "C" did not establish eligibility, and again said nothing about "A." Any thoughts out there on what my next step might be? Thanks. Link to comment Share on other sites More sharing options...
0 Berta Posted October 19, 2018 Share Posted October 19, 2018 Is this the Court's decision on your writ? https://efiling.uscourts.cavc.gov/cmecf/servlet/TransportRoom?servlet=ShowDoc&dls_id=01205334504&caseId=101672&dktType=dktPublic If not can you give us the Docket #? GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
0 UpToHere Posted October 19, 2018 Author Share Posted October 19, 2018 Thank you. No, no court involved. I wrote the petitions myself, my congressman trasmitted them to VA. Link to comment Share on other sites More sharing options...
0 Moderator broncovet Posted October 19, 2018 Moderator Share Posted October 19, 2018 (edited) Well, congratulations on being innovative..and asking for equitable relief. When you provide only general information, we can only provide a general answer. If you want specifics, then you need to provide specific information. Was this at the VARO, DRo, bva, ETC? The appeals for each of these are different, if this is what you are asking. "Equitable Relief" may/may not be the best route for you. It would take a review of your file to find out which is the best. I think maybe that is the very last resort. Have you tried everything else such as 38 cfr 3.156, filing a nod, filing a NOA, filing a CUE, filing a new application, etc. etc?? I would really like to see your petition for equitable relief!!! Edited October 19, 2018 by broncovet Link to comment Share on other sites More sharing options...
0 Berta Posted October 19, 2018 Share Posted October 19, 2018 Sorry-I thought you petitioned the US CAVC. Equitable Relief: 38 U.S. Code § 503 - Administrative error; equitable relief US Code Notes Authorities (CFR) prev | next (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, 2018. https://www.law.cornell.edu/uscode/text/38/503 and https://www.data.va.gov/sites/default/files/2001 Equitable Relief.pdf 14 cases of equitable relief- These arent easy to win but some do succeed. But Broncovet is right-we have no idea of what your petition is for and why it was denied- Can you scan and attach it here and also the Secretary's denial under B and C?( cover C file #, name etc prior to scanning it.) GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
0 Moderator broncovet Posted October 19, 2018 Moderator Share Posted October 19, 2018 I seem to recall Berta saying that "SOME" VASEC's are more liberal than others on equitable relief. Im not sure, but I think equitable relief "is at the Secretary's sole discrection" and its probably not reviewable by the courts? Wilkie is pretty new, and it does not sound like he is all that excited about granting Vets equitable relief. Link to comment Share on other sites More sharing options...
0 UpToHere Posted October 19, 2018 Author Share Posted October 19, 2018 Thank you. The VBA congretional liason who called me about the denial, told me I could’t “appeal” the denial. He added,however, that I could submit a new petition. I submitted a new petition (my second), on the basis of “A,” the basis that Compensation Service didn’t address in their (first) denial decision. The director of the local VAMC then wrote my congressman about my second petition, to repeat that bases “B” and “C” didn’t establish eligibility for equitable relief. Heowever, he, too, didn't say a word about basis “A.” Through my congressman, I asked Compensation Service, “What about basis “A”? Compensation Service “answered” last month, with a third, much lengthier denial. In all that additional length, Compensation Serrvice still didn’t say a word about basis “A.” Link to comment Share on other sites More sharing options...
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UpToHere
Two years ago, I petitioned for equitable relief, on the bases of "A," "B," and "C."
Compensation Service denied my petition, on the grounds that "B" and "C" did not establish eligibility, but said nothing about "A."
One year ago, I petitioned for equitable relief again, but only on the basis of "A."
Last month, VA issued a new denial decision, again on the grounds that "B" and "C" did not establish eligibility, and again said nothing about "A."
Any thoughts out there on what my next step might be?
Thanks.
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