38 U.S.C. § 502 — Judicial review of rules and regulations

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.’’