Veteranclaims’s Blog

March 6, 2012

Federal Circuit, Sindram v. DVA, No. 2011-7075; Equitable Relief, 38 U.S.C. 503(a)

Filed under: Uncategorized — Tags: , , , — veteranclaims @ 2:58 pm

The oral arguments in Sindram v. DVA, No. 2011-7075 dated 2012-03-05 provides some interesting insights into the Secretary’s power under 38 U.S.C. 503(a), equitable relief.

Of particular interest is the Court’s statements concerning the fact that few if any action are beyond review, abuse of discretion is reviewable, and if the Secretary were to refuse to receive a equitable relief petition the Court would look very long and hard at such an action.

“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.”

Federal Circuit Oral Argument webpage:
http://www.cafc.uscourts.gov/oral-argument-recordings/search/audio.html

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