The Board denied the veteran's request for waiver of recovery of an overpayment of improved disability pension benefits, finding that his failure to report his Social Security income constituted bad faith and therefore waived recovery was precluded by law.
The deciding factor: The veteran's failure to promptly notify VA of his receipt of Social Security income involved intent to seek an unfair advantage, as evidenced by his September 1998 telephone call to VA where he contended that he did not understand the paperwork. The Board found no reasonable excuse for not reporting the necessary information.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 28, 2001
- Citation
- 0109235
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 0109235.
What this means for you
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