Erroneous Denial of Benefits

The Secretary of Veterans’ Affairs has the discretion to remedy erroneous denials. If he determines that benefits were not provided because of an error by the government or one of its employees, he may provide equitable relief. This includes the payment of money.

Equitable relief is a solution for a case where there is no remedy at law. Examples of equitable relief include injunctions, which is where a party is prohibited from doing something or specific performance where a party must do something.

Additionally, the Secretary has the same options to remedy problems for a veteran’s surviving spouse, child of a veteran, or other person who was incorrectly denied benefits or told they were ineligible for benefits. There may also be a remedy for someone who suffers a loss as a consequence of relying on what the Department of Veteran’s Affairs told them regarding their eligibility or entitlement to benefits.

Now whether he will do this for someone who was improperly denied benefits or told he was ineligible is a different matter. If you have been improperly denied benefits that you believe you are entitled to, you should speak with an attorney who handles these matters.