Noah V. Mc Donald CAVC

[Berta]

I read BVA decision every week and found this case sited a few times-

https://www.uscourts.cavc.gov/documents/NoahBM15-334.pdf

The CAVC remanded the case back to the BVA, and the last sentence in the conclusion was one I have never seen before in any VA or CAVC decision.

The veteran claimed he had received misleading  info from the VA that was detrimental to his claim.

"Given the Board's concession that the January 1982 notice was misleading, R. at 8, the appellant may wish to seek equitable relief pursuant to 38 U.S.C. § 503(a)."

I dont have time to fully read the case-yet  but I am surprised at the conclusion statement.

Equitable Relief info is here at hadit, but very hard to succeed in. It appears that this veteran could succeed under 38 USC 503 (a).

 

[Vync]

Good info!

I was surprised M21-1 had an article dedicated to Equitable Relief:

M21-1, Part III, Subpart vi, Chapter 1, Section B - Equitable Relief and Other Requests

Article ID: 554400000014282

https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014282/M21-1,-Part-III,-Subpart-vi,-Chapter-1,-Section-B---Equitable-Relief-and-Other-Requests#:~:text=38 U.S.C.,38 U.S.C.

This first paragraph reminded why Hadit.com exists:

Quote

Equitable relief is a remedy for an injustice done to a claimant resulting from mistakes made in applying rules and regulations that either deprived the claimant of benefits, or caused the claimant to suffer a loss because he/she relied on an erroneous decision.

While reading the M21-1 article, it felt like CUE for some situations.

For the second point, the article included an example where the VA determined SC was granted in error and wanted to recoup the payments. The veteran requested equitable relief.