[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR2.7]

[Page 140]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 2_DELEGATIONS OF AUTHORITY--Table of Contents
 
Sec. 2.7  Delegation of authority to provide relief on account of

administrative error.

    (a) Section 503(a) of title 38 U.S.C., provides that if the 
Secretary determines that benefits administered by the Department of 
Veterans Affairs have not been provided by reason of administrative 
error on the part of the Federal Government or any of its employees, the 
Secretary is authorized to provide such relief on account of such error 
as the Secretary determines equitable, including the payment of moneys 
to any person whom he determines equitably entitled thereto.
    (b) Section 503(b) of title 38 U.S.C., provides that if the 
Secretary determines that any 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 Veterans Affairs of 
eligibility or entitlement to benefits, without knowledge that it was 
erroneously made, the Secretary is authorized to provide such relief as 
the Secretary determines equitable, including the payment of moneys to 
any person equitably entitled thereto. The Secretary is also required to 
submit an annual report to the Congress, containing a brief summary of 
each recommendation for relief and its disposition. Preparation of the 
report shall be the responsibility of the General Counsel.
    (c) The authority to grant the equitable relief, referred to in 
paragraphs (a) and (b) of this section, has not been delegated and is 
reserved to the Secretary. Recommendation for the correction of 
administrative error and for appropriate equitable relief therefrom will 
be submitted to the Secretary, through the General Counsel. Such 
recommendation may be initiated by the head of the administration having 
responsibility for the benefit, or of any concerned staff office, or by 
the Chairman, Board of Veterans Appeals. When a recommendation for 
relief under paragraph (a) or (b) of this section is initiated by the 
head of a staff office, or the Chairman, Board of Veterans Appeals, the 
views of the head of the administration having responsibility for the 
benefit will be obtained and transmitted with the recommendation of the 
initiating office.

(Authority: 38 U.S.C. 503, 512)

[37 FR 22864, Oct. 26, 1972, as amended at 49 FR 30693, Aug. 1, 1984; 54 
FR 34981, Aug. 23, 1989; 68 FR 25504, May 13, 2002]