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38 U.S.C. § 503 — Administrative error; equitable relief
Federal law — U.S. Code and appendices · legal_authorities
**(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.
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In determining annual income under this chapter, all payments of any kind or from any source (including salary, retirement or annuity payments, or similar income, which has been waived, irrespective of whether the waiver was made pursuant to statute, contract, or otherwise) shall be included except—
(1) donations from public or private relief or welfare organizations;
(2) payments under this chapter;
(3) amounts equal to amounts paid by a spouse of a veteran for the expenses of such veteran’s last illness, and by a surviving spouse or child of a deceased veteran for—
(A) such veteran’s just debts,
(B) the expenses of such veteran’s last illness, and
(C) the expenses of such veteran’s burial to the extent such expenses are not reimbursed under chapter 23 of this title;
(4) amounts equal to amounts paid—
(A) by a veteran for the last illness and burial of such veteran’s deceased spouse or child, or
(B) by the spouse of a living veteran or the surviving spouse of a deceased veteran for the last illness and burial of a child of such veteran;
(5) payments regarding reimbursements of any kind (including insurance settlement payments) for expenses related to the repayment, replacement, or repair of equipment, vehicles, items, money, or property resulting from—
(A) any accident (as defined by the Secretary), but the amount excluded under this subparagraph shall not exceed the greater of the fair market value or reasonable replacement value of the equipment or vehicle involved at the time immediately preceding the accident;
(B) any theft or loss (as defined by the Secretary), but the amount excluded under this subparagraph shall not exceed the greater of the fair market value or reasonable replacement value of the item or the amount of the money
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Federal law — U.S. Code and appendices · legal_authorities
Page 79
TITLE 38—VETERANS’ BENEFITS
§ 503
(3) the methods of making investigations
and medical examinations; and
(4) the manner and form of adjudications and
awards.
(b) Any rule, regulation, guideline, or other
published interpretation or order (and any
amendment thereto) issued pursuant to the au-
thority granted by this section or any other pro-
vision of this title shall contain citations to the
particular section or sections of statutory law
or other legal authority upon which such
issuance is based. The citation to the authority
shall appear immediately following each sub-
stantive provision of the issuance.
(c) In applying section 552(a)(1) of title 5 to the
Department, the Secretary shall ensure that
subparagraphs (C), (D), and (E) of that section
are complied with, particularly with respect to
opinions and interpretations of the General
Counsel.
(d) The provisions of section 553 of title 5 shall
apply, without regard to subsection (a)(2) of that
section, to matters relating to loans, grants, or
benefits under a law administered by the Sec-
retary.
(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105
Stat. 386.)
Editorial Notes
PRIOR PROVISIONS
Prior section 501 was renumbered section 1501 of this
title.
Provisions similar to those in this section were con-
tained in sections 210(c)(1) and 223(a), (b) of this title
prior to repeal by Pub. L. 102–83, § 2(a).
§ 502. Judicial review of rules and regulations
An action of the Secretary to which section
552(a)(1) or 553 of title 5 (or both) refers is sub-
ject to judicial review. Such review shall be in
accordance with chapter 7 of title 5 and may be
sought only in the United States Court of Ap-
peals for the Federal Circuit. However, if such
review is sought in connection with an appeal
b
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