The veteran's overpayment of disability pension benefits was waived due to his inadvertent failure to report receipt of Social Security Administration (SSA) benefits, which were effective from March 1997. The Board found that the veteran's misrepresentation did not rise to the level of fraud or bad faith.
The deciding factor: The veteran's failure to report SSA benefits was due to his physical and mental health issues and dependence on others, making it inadvertent rather than willful.
- Claimed conditions
- chronic obstructive pulmonary disease with chronic bronchitis and acute respiratory distress, coronary artery disease with stable angina, anxiety and depression, eczema, cataracts, peptic ulcer disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 6, 2000
- Citation
- 0009213
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. Look up the original decision on VA.gov (opens in a new tab) using citation 0009213.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for eczema, finding that the evidence is at least in approximate balance as to whether the Veteran's eczema is related to herbicide agent exposure in service.
- Partly granted
The Board denied earlier effective dates for the award of service connection and denied increased ratings for various disabilities, but granted a separate rating for left upper extremity radiculopathy from October 20, 2020.
- Partly granted
The Board granted service connection for peptic ulcer disease and denied service connection for a low back disability, with some issues remanded.
- Denied
The Board denied service connection for all the conditions listed as there was no evidence of an in-service event, nor is there evidence demonstrating a nexus to service.
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