The veteran's request for waiver of overpayment of nonservice-connected disability pension benefits was denied because it was not filed within the 180-day statutory limit.
The deciding factor: The veteran failed to file a timely request for waiver as authorized by law and applicable VA regulations due to his psychiatric problems, which were related to the death of his son in April 1993. The Board found that he did not have circumstances beyond his control resulting in delay in receipt of notification.
- Claimed conditions
- Post-Traumatic Stress Disorder (PTSD), Dysthymic disorder, Situational depression
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 13, 2000
- Citation
- 0001202
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Search VA.gov for the original decision (opens in a new tab) using citation 0001202.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Veteran's claim for an effective date prior to December 27, 2019 for the grant of service connection for PTSD was denied as there is no earlier claim document in the claims file and the Veteran did not timely perfect an appeal.
- Whole decision: Granted
The Veteran's PTSD is granted as a result of military sexual trauma (MST) that occurred during service. The Board found the Veteran's testimony and supporting evidence credible, including her VA and private treatment records.
- Whole decision: Granted
The Veteran's claim for TDIU is granted with an effective date of August 17, 2022. The decision also denies the Veteran's request for Special Monthly Compensation (SMC) due to lack of need for aid and attendance or being housebound.
- Whole decision: Granted
The Board has granted eligibility to attorney fees based on past-due benefits awarded in the October 2024 rating decision for an increased PTSD rating and denied TDIU.
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