What this means
m21-1:X.v.1.B explains equitable relief. In plain terms, the official guidance says equitable relief is a remedy for an injustice done to a veteran or claimant resulting from mistakes made in applying rules and regulations that either It also addresses requests to the Executive Director of Compensation Service or P&F Service for equitable relief may be made by
How this may help with a claim
Use m21-1:X.v.1.B to audit how VA handled equitable relief. Start with the decision date, the issue being reviewed, and the evidence VA was allowed to consider, then compare the record with this rule: Equitable relief is a remedy for an injustice done to a veteran or claimant resulting from mistakes made in applying rules and regulations that either Requests to the Executive Director of Compensation Service or P&F Service for equitable relief may be made by Cite the exact document and page when raising a factual or procedural error, and use the review rights in the actual notice for any deadline.
What to review in your file
- Check the file against this official condition: 38 U.S.C. 503(a) gives the Secretary authority to provide whatever relief is determined equitable if a veteran or claimant is denied VA benefits because of an administrative error by the Federal government or any of its employees.
- Confirm that the record or notice addresses this source point: 38 U.S.C. 503(b) gives the Secretary authority to provide equitable relief if a veteran or claimant suffered loss as a result of relying on an erroneous determination by VA.
- Document how this stated step or exception applies: When a veteran or claimant or someone acting on behalf of a veteran or claimant specifically requests equitable relief, submit the request to the Executive Director of Compensation Service (21C) or P&F Service (21PF).
Important limits
m21-1:X.v.1.B explains VA guidance for equitable relief; it does not guarantee an award or replace the statutes, regulations, binding decisions, and review instructions that control an individual claim. Conditions and exceptions still matter, including this source point: Equitable relief is a remedy for an injustice done to a veteran or claimant resulting from mistakes made in applying rules and regulations that either The table below shows the evidence required to demonstrate loss in claims for equitable relief.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Equitable Relief
- m21-1:X.v.1.B
- definition term equitable relief
- statutory authority equitable relief
- delegation review requests recommend
- request equitable relief
- requirements
- requesting equitable relief
Original VA guidance
The official VA text of this section
Overview
In This Section
This section contains the topic " Equitable Relief."
1. Equitable Relief
Introduction
This topic contains information on requesting equitable relief, including
- definition of the term equitable relief
- statutory authority for equitable relief
- delegation to review requests and recommend grants of equitable relief
- who may request equitable relief
- requirements for
- requesting equitable relief
- consideration, and
- demonstration of loss
- submitting a request for equitable relief to
- Pension and Fiduciary (P&F) Service, and
- Compensation Service, and
- format of letter to Compensation Service for consideration of a request for equitable relief.
Change Date
February 26, 2021
X.v.1.B.1.a. Definition: Equitable Relief
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.
X.v.1.B.1.b. Statutory Authority for Equitable Relief
The Secretary of the Department of Veterans Affairs (VA) has statutory authority to provide equitable relief.
- 38 U.S.C. 503(a) gives the Secretary authority to provide whatever relief is determined equitable if a claimant is denied VA benefits because of an administrative error by the Federal government or any of its employees.
- 38 U.S.C. 503(b) gives the Secretary authority to provide equitable relief if a claimant suffered loss as a result of relying on an erroneous determination by VA.
Reference: For more information on equitable relief, see 38 CFR 2.7.
X.v.1.B.1.c. Delegation to Review Requests and Recommend Grants of Equitable Relief
The authority to grant equitable relief has not been delegated and is retained by the Secretary.
However, the Secretary has delegated the authority to review requests for equitable relief and to recommend relief to the head of the administration having responsibility for the benefit at issue, any concerned staff office, or by the Chairman of the Board of Veterans Appeals.
References: For more information on
- delegation of authority for equitable relief, see 38 CFR 2.7(c), and
- requesting equitable relief from Compensation Service or Pension and Fiduciary (P&F) Service, see M21-1, Part X, Subpart v, 1.B.1.d and h - j.
X.v.1.B.1.d. Who May Request Equitable Relief
Requests to the Executive Director of Compensation Service or P&F Service for equitable relief may be made by
- a claimant or someone acting on behalf of a claimant, or
- a regional office (RO).
Note: When a claimant or someone acting on behalf of a claimant specifically requests equitable relief, submit the request to the Executive Director of Compensation Service (21C) or P&F Service (21PF).
X.v.1.B.1.e. Requirements for Requesting Equitable Relief
Thorough documentation of a claim for equitable relief is essential. All RO requests for equitable relief must
- provide evidence to clearly show that the requirements for consideration are met, and
- include a detailed, factual determination of loss.
References: For more information on the requirements for
- consideration, see M21-1 Part X, Subpart v, 1.B.1.f, and
- demonstration of loss, see M21-1 Part X, Subpart v, 1.B.1.g.
X.v.1.B.1.f. Requirements for Consideration
The table below shows the requirements for consideration of equitable relief under 38 U.S.C. 503(a) and 38 U.S.C. 503(b).
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| Consideration under … | Requires that … |
|---|---|
| 38 U.S.C. 503(a) | a claimant has or had eligibility and entitlement under the current law. |
| 38 U.S.C. 503(b) | evidence indicates that a claimant suffered a loss and all the following conditions also exist: VA made an erroneous decision concerning benefit eligibility and entitlement the individual acted to his/her detriment based on that erroneous determination, and at the time the individual acted to his/her detriment, the person did not know the VA determination was in error. Important: 38 U.S.C. 503(b) does not require that a claimant has or had a legal right to VA benefits. |
X.v.1.B.1.g. Requirements for Demonstration of Loss
The table below shows the evidence required to demonstrate loss in claims for equitable relief.
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| If the loss involves … | Then the claimant must provide … |
|---|---|
| finances | a statement listing obligated expenses incurred because the claimant relied on the erroneous determination. |
| injury damage, or some other disadvantage suffered by the individual | documentation showing the extent of the loss, damage, or some other disadvantage, and that the loss, damage, or some other disadvantage was due to reliance on an erroneous determination of eligibility or entitlement. |
X.v.1.B.1.h. Submitting a Request for Equitable Relief to P&F Service
Follow the steps in the table below to submit a request for equitable relief to P&F Service.
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| Step | Action |
|---|---|
| 1 | Use a standard letter format to request equitable relief consideration, including a statement regarding the applicable provision, and a concise justification for the request, including a brief history of events citation of the VA/government error description of the loss, and discussion of the recommended relief. Reference: For more information on the standard request letter format, see M21-1, Part X, Subpart v, 1.A.1.e. |
| 2 | Ensure that full supporting documentation is in the claims folder and/or the electronic claims folder (eFolder). |
| 3 | File the letter in the claims folder or upload it into the eFolder. |
| 4 | Transfer the case to P&F Service by manually brokering the end product to the RO101-FID queue, and send notification via e-mail to P&F Service (VAVBAWAS/CO/P&F TNG QUAL OVRST). |
X.v.1.B.1.i. Submitting a Request for Equitable Relief to Compensation Service
Follow the steps in the table below to submit a request for equitable relief to Compensation Service.
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| Step | Action |
|---|---|
| 1 | Prepare a letter to the Executive Director of Compensation Service, using the format of the letter displayed in M21-1, Part X, Subpart v, 1.B.1.j. |
| 2 | Upload the letter and all other relevant documentation into the eFolder. |
| 3 | Add the Compensation Service Review – Equitable Relief special issue indicator, and Compensation Service Case Review tracked item. |
| 4 | Is the request subject to National Work Queue routing? If yes, no further action is required. (Routing of the case to Compensation Service is automatic.). If no, manually broker the case to Compensation Service (Washington DC). Reference: For more information on the action described in the preceding bullet, see the Veterans Benefits Management System Core User Guide. |
X.v.1.B.1.j. Format of Letter to Compensation Service for Consideration of a Request for Equitable Relief
Follow the format of the letter below when preparing a letter to Compensation Service for consideration of a request for equitable relief.
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| DEPARTMENT OF VETERANS AFFAIRS [RO name] [RO address] [current date] Executive Director In Reply Refer To: Compensation Service (214D) [RO number] Department of Veterans Affairs [file number] Central Office [Veteran’s name] 810 Vermont Ave. NW Washington, DC 20420 SUBJECT: Request for equitable relief in accordance with 38 U.S.C 503 and M21-1, Part X, Subpart v, 1.B.1.i BACKGROUND INFORMATION: [Enter service information, to include branch(es), date(s), and place(s) of service.] STATEMENT OF FACTS AND DISCUSSION: [Provide the date of the original rating, the date the error was found, the date the Veteran was notified, the amount of overpayment involved, and all other pertinent actions and facts of the case.] Example #1: A benefit was granted in error in a 1976 rating decision and the RO discovered the error in 1985. The Veteran was notified in June of 1985 that an error was found. The RO is reducing the total compensation payment and will recoup the overpayment. The Veteran requests equitable relief. Example #2: In January of 2003, the Veteran’s widow (Emma Smith) was awarded Dependency and Indemnity Compensation. On June 7, 2005, Mrs. Smith submitted a claim for a child (Junior), who Mrs. Smith alleged was permanently incapable of self-support. VA denied the widow’s claim by rating decision dated August 8, 2006. On October 13, 2006, Mrs. Smith filed a notice of disagreement (NOD). On May 4, 2007, a rating decision established permanent incapacity for self-support for Junior, with an effective date of June 7, 2005. A letter, dated July 26, 2007, notified Mrs. Smith of the rating decision. Mrs. Smith filed an NOD on August 21, 2007, asserting that VA should have assigned an earlier effective date. A statement of the case (SOC) was promulgated on March 11, 2008, which denied entitlement to an effective date earlier than June 7, 2005. On March 20, 2008, Mrs. Smith filed an appeal to the Board of Veterans Appeals (BVA). On April 8, 2011, BVA rendered a decision to deny entitlement to an effective date earlier than June 7, 2005. Mrs. Smith is claiming she was never advised of the applicable benefits for a child that is permanently incapable of self-support. She is requesting equitable relief on this basis in the form of an earlier effective date for the establishment of permanent incapacity for self-support for Junior to June 26, 1980, the date he turned 18. The total amount of equitable relief is $91,491.70, which represents the monetary loss of benefits from June 26, 1980, to June 7, 2005. QUESTION(S) AT ISSUE: Example: Is the spouse entitled to equitable relief? RECOMMENDATION: [Make a recommendation based on the facts of the case.] Example: Entitlement to an effective date earlier than June 7, 2005, was denied by rating decision, an SOC, and BVA because there is no evidence that entitlement arose prior to June 7, 2005. 38 U.S.C. 503(b) provides: “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 equitable, including the payment of moneys to any person whom the Secretary determines is equitably entitled to such moneys.” The evidentiary record does not support the notion that Mrs. Smith suffered a loss as a consequence of reliance upon a determination by VA. Loss of income has not been shown. There is no basis for consideration of equitable relief under 38 U.S.C. 503(b). We find that Mrs. Smith had ample opportunity to claim Junior at any time on or after June 26, 1980, and incurred no loss as a consequence of reliance upon a determination by VA of eligibility or entitlement to benefits, without knowledge that it was erroneously made. SIGNATURE: PRINTED NAME AND TITLE: |