The veteran's claim for waiver of recovery of an overpayment of improved disability pension benefits was denied because the Board found that there was a considerable degree of fault on the part of the veteran in creating the overpayment by failing to report his Civil Service annuity. Recovery would not be against the principle of equity and good conscience.
The deciding factor: The veteran's failure to report his Civil Service annuity caused the overpayment, which outweighed any financial hardship resulting from recovery.
- Claimed conditions
- psychiatric disability, chloracne, peripheral neuropathy, liver disability, bilateral knee arthritis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 28, 2000
- Citation
- 0026127
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 0026127.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the appellant's eligibility for direct payment of fees from past due benefits awarded in November 2024, as the decision was an initial decision on a new claim seeking increased rating for the Veteran's psychiatric disability.
- Remanded (sent back)
The Board has remanded the claims of service connection for a back disability, hand warts, and psychiatric disability due to inconsistencies in the Veteran's reports regarding the etiology of these conditions.
- Dismissed
The Veteran's initial claim for a higher rating and earlier effective date for his psychiatric disability was denied. The appeal of the proposed reduction in hypertension rating is dismissed as not being an adjudicative determination.
- Remanded (sent back)
The Veteran's spouse is seeking to be substituted as the appellant for claims of service connection filed by the Veteran in August 2017. The AOJ has not yet determined whether she meets the requirements to substitute, and this issue must be remanded.
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