38 U.S.C. § 503 — Administrative error; equitable relief

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 brought under the provisions of chapter 72 of this title, the provisions of that chapter shall apply rather than the provisions of chapter 7 of title 5. (Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 386; amended Pub. L. 110–389, title I, § 102, Oct. 10, 2008, 122 Stat. 4148.) Editorial Notes PRIOR PROVISIONS Prior section 502 was renumbered section 1502 of this title. Provisions similar to those in this section were con- tained in section 223(c) of this title prior to repeal by Pub. L. 102–83, § 2(a). AMENDMENTS 2008—Pub. L. 110–389 struck out ‘‘(other than an ac- tion relating to the adoption or revision of the schedule of ratings for disabilities adopted under section 1155 of this title)’’ after ‘‘refers’’. § 503. Administrative error; equitable relief (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 re- lief on account of such error as the Secretary determines equitable, including the payment of moneys to any person whom the Secretary de- termines 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 reli- ance 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 equi- table, including the payment of moneys to any person whom the Secretary determines is equi- tably entitled to such moneys. (c) Not later than April 1 of each year, the Secretary shall submit to Congress a report con- taining a statement as to the disposition of each case recommended to the Secretary for equi- table relief under this section during the pre- ceding calendar year. No report shall be required under this subsection after December 31, 2025. (Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 386; amended Pub. L. 106–419, title IV, § 403(c)(1), Nov. 1, 2000, 114 Stat. 1864; Pub. L. 109–233, title IV, § 403, June 15, 2006, 120 Stat. 411; Pub. L. 111–275, title VIII, § 808, Oct. 13, 2010, 124 Stat. 2893; Pub. L. 113–175, title IV, § 403, Sept. 26, 2014, 128 Stat. 1905; Pub. L. 114–58, title IV, § 404, Sept. 30, 2015, 129 Stat. 535; Pub. L. 114–228, title IV, § 404, Sept. 29, 2016, 130 Stat. 940; Pub. L. 115–62, title IV, § 404, Sept. 29, 2017, 131 Stat. 1164; Pub. L. 115–251, title I, § 164, Sept. 29, 2018, 132 Stat. 3171; Pub. L. 116–159, div. E, title IV, § 5402, Oct. 1, 2020, 134 Stat. 751; Pub. L. 117–180, div. E, title II, § 203, Sept. 30, 2022, 136 Stat. 2137; Pub. L. 118–83, div. B, title III, § 335, Sept. 26, 2024, 138 Stat. 1542.) Editorial Notes PRIOR PROVISIONS Prior sections 503 and 504 were renumbered sections 1503 and 1504 of this title, respectively. Provisions similar to those in this section were con- tained in section 210(c)(2), (3) of this title prior to re- peal by Pub. L. 102–83, § 2(a). AMENDMENTS 2024—Subsec. (c). Pub. L. 118–83 substituted ‘‘Decem- ber 31, 2025’’ for ‘‘December 31, 2024’’. 2022—Subsec. (c). Pub. L. 117–180 substituted ‘‘Decem- ber 31, 2024’’ for ‘‘December 31, 2022’’. 2020—Subsec. (c). Pub. L. 116–159 substituted ‘‘Decem- ber 31, 2022’’ for ‘‘December 31, 2020’’. 2018—Subsec. (c). Pub. L. 115–251 substituted ‘‘Decem- ber 31, 2020’’ for ‘‘December 31, 2018’’. 2017—Subsec. (c). Pub. L. 115–62 substituted ‘‘Decem- ber 31, 2018’’ for ‘‘December 31, 2017’’. 2016—Subsec. (c). Pub. L. 114–228 substituted ‘‘Decem- ber 31, 2017’’ for ‘‘December 31, 2016’’. 2015—Subsec. (c). Pub. L. 114–58 substituted ‘‘Decem- ber 31, 2016’’ for ‘‘December 31, 2015’’. 2014—Subsec. (c). Pub. L. 113–175 substituted ‘‘Decem- ber 31, 2015’’ for ‘‘December 31, 2014’’. 2010—Subsec. (c). Pub. L. 111–275 substituted ‘‘Decem- ber 31, 2014’’ for ‘‘December 31, 2009’’. 2006—Subsec. (c). Pub. L. 109–233 substituted ‘‘Decem- ber 31, 2009’’ for ‘‘December 31, 2004’’. 2000—Subsec. (c). Pub. L. 106–419 inserted at end ‘‘No report shall be required under this subsection after De- cember 31, 2004.’’ Page 80 TITLE 38—VETERANS’ BENEFITS § 505 § 505. Opinions of Attorney General The Secretary may require the opinion of the Attorney General on any question of law arising in the administration of the Department. (Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 387.) Editorial Notes PRIOR PROVISIONS Prior sections 505 to 508 were renumbered sections 1505 to 1508 of this title, respectively. Provisions similar to those in this section were con- tained in section 211(b) of this title prior to repeal by Pub. L. 102–83, § 2(a). § 510. Authority to reorganize offices (a) Except to the extent inconsistent with law, the Secretary may— (1) consolidate, eliminate, abolish, or redis- tribute the functions of the Administrations, offices, facilities, or activities in the Depart- ment; (2) create new Administrations, offices, fa- cilities, or activities in the Department; and (3) fix the functions of any such Administra- tion, office, facility, or activity and the duties and powers of their respective executive heads. (b) The Secretary may not in any fiscal year implement an administrative reorganization de- scribed in subsection (c) unless the Secretary first submits to the appropriate committees of the Congress a report containing a detailed plan and justification for the administrative reorga- nization. No action to carry out such reorga- nization may be taken after the submission of such report until the end of a 45-day period fol- lowing the date of the submission of the report, not less than 30 days of which shall be days dur- ing which Congress shall have been in contin- uous session. For purposes of the preceding sen- tence, continuity of a session of Congress is bro- ken only by adjournment sine die, and there shall be excluded from the computation of any period of continuity of session any day during which either House of Congress is not in session during an adjournment of more than three days to a day certain. (c) An administrative reorganization described in this subsection is an administrative reorga- nization of a covered field office or facility that involves a reduction during any fiscal year in the number of full-time equivalent employees with permanent duty stations at such office or facility— (1) by 15 percent or more; or (2) by a percent which, when added to the percent reduction made in the number of such employees with permanent duty stations at such office or facility during the preceding fis- cal year, is 25 percent or more. (d)(1) Not less than 30 days before the date on which the implementation of any administrative reorganization described in paragraph (2) of a unit in the Central Office is to begin, the Sec- retary shall transmit to the Committees on Vet- erans’ Affairs of the Senate and the House of Representatives a notification regarding the re- organization. (2) Paragraph (1) applies to an administrative reorganization of any unit of the Central Office that is the duty station for 30 or more employ- ees if the reorganization involves a reduction in any fiscal year in the number of full-time equiv- alent employees with permanent duty station in such unit by 50 percent or more. (e) For purposes of this section, the term ‘‘ad- ministrative reorganization’’ does not include a consolidation or redistribution of functions at a covered field office or facility, or between com- ponents of the Veterans Benefits Administration and the Veterans Health Administration at a Department medical and regional office center, if after the consolidation or redistribution the same number of full-time equivalent employees continues to perform the affected functions at that field office, facility, or center. (f) For purposes of this section: (1) The term ‘‘covered field office or facil- ity’’ means a Department office or facility outside the Central Office that is the perma- nent duty station for 25 or more employees or that is a free-standing outpatient clinic. (2) The term ‘‘detailed plan and justifica- tion’’ means, with respect to an administra- tive reorganization, a written report that, at a minimum, includes the following: (A) Specification of the number of employ- ees by which each covered office or facility affected is to be reduced, the responsibilities of those employees, and the means by which the reduction is to be accomplished. (B) Identification of any existing or planned office or facility at which the num- ber of employees is to be increased and spec- ification of the number and responsibilities of the additional employees at each such of- fice or facility. (C) A description of the changes in the functions carried out at any existing office or facility and the functions to be assigned to an office or facility not in existence on the date that the plan and justification are submitted pursuant to subsection (b). (D) An explanation of the reasons for the determination that the reorganization is ap- propriate and advisable in terms of the stat- utory missions and long-term goals of the Department. (E) A description of the effects that the re- organization may have on the provision of benefits and services to veterans and depend- ents of veterans (including the provision of benefits and services through offices and fa- cilities of the Department not directly af- fected by the reorganization). (F) Estimates of the costs of the reorga- nization and of the cost impact of the reor- ganization, together with analyses sup- porting those estimates. (Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 387; amended Pub. L. 104–262, title III, § 304, Oct. 9, 1996, 110 Stat. 3194.) Editorial Notes PRIOR PROVISIONS Prior section 510, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1135, provided monthly pension for persons who served in military or naval forces of Confederate States of