PREC 11-94 Authority to Deny Claimant's Request for Equitable Relief Citation: Vet. Aff. Op. Gen Couns. Prec. 11-94, VAOPGCPREC 11-94, 1994 QUESTION PRESENTED: Are Veterans Benefits Administration officials authorized to deny a claimant's request for equitable relief under 38 U.S.C. § 503, or must such a request be forwarded to the Secretary of Veterans Affairs for determination? HELD: The Secretary of Veterans Affairs has the authority pursuant to 38 U.S.C. §§ 501(a), 503, and 512(a) to delegate the authority to determine that equitable relief is not war- ranted in a particular case and has impliedly delegated that authority by regulation to VA department heads, including the Under Secretary for Benefits. In addition, we believe the Secretary may authorize the Under Secretary for Benefits to subdelegate the authority to deny requests for equitable relief to subordinate officials within the Veterans Benefits Administration. However, there is no indication that such subdelegation has been attempted. |
