Help with Denied Petition for Equitable Relief

[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.

 

 

 

[UpToHere]

Thank you.

But, no, I'm not trying to get an earlier effective date.

If I understand Case 13 in the 2002 CY 503(c) report correctly, the statutory bar to an earlier effective date is no bar to equitable relief to recover benefits lost through VA error.

 

2002EqRelGrants.pdf

[UpToHere]

20 minutes ago, Berta said:

Broncovet said:

"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 agree. That is what the appeal process is for.

 

Thank you.

I appealed for an earlier effective date to BVA, and was denied.

 

[Berta]

Oh- I was reading this:

"In March 2018, through my congressman, I got a meeting with the local VBA head, who stated what I was trying to get via equitable relief was, essentially, an earlier effective date of claim, which I couldn't do. I cited the CY2002 503(c) report, case 13."

 

[broncovet]

If you were denied an earler effective date at the BVA, THIS is the perfect time to hire an attorney.  Reason:

EAJA often pays Veterans attorney fees at the CAVC level.  So, you hire an attorney, the attorney represents you at the CAVC, and, when you win, the EAJA pays your fees.  What could be better than that??

There is still time to appeal a BVA denial if that decision was within 120 days.  

Most attorney's who represent Veterans are more than happy to review a recent BVA decision to see if they can spot any errors, at no cost to the Veteran.  

Source:  I personally have had 3 board decisions which I elected to hire an attorney.  The first two, the attorney won remands for, which resulted in additional beneefits, and the last one, Im currently represented and await the outcome, which "could" be before Christmas.  

Edited October 20, 2018 by broncovet

[UpToHere]

Thank you.

BVA is not an option.

I don't have the years left to pursue it, nor the patience - this all started 15 years ago.

"EED" appears nowhere in my petition.

VA's denial decision last month, on my second petition for equitable relief "put words in my mouth" (a lot of them!) to misrepresent my petition.

VA then found its version of my petition to be without merit.

So, full circle:

Given the above, and given that VA never addressed 1 of the 3 bases I set out in my mid-2016 petition for eligibility for equitable relief,  then never addressed that basis when I set it out as the sole basis for eligibility in my mid-2017 petition:

Any thoughts out there on what my next step might be? 

 

Edited October 20, 2018 by UpToHere
typo

[FormerMember]

Equitable relief can only be awarded by the VA Secretary. No one, I repeat, no one can act in his stead. Thus a petition for equitable relief may not be appealed. The statutory authority Congress invested in the Secretary is inviolate. You may not file a NOD for denial of Equitable Relief. You may not file a Writ at the Court alleging the VA is remiss in answering your prayer for relief. It's a one-shot deal that is not appealable. 38 CFR §2.7...

(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.