The Board denied the appellant's request for waiver of overpayment due to his failure to report bingo winnings and changes in Social Security disability benefits, finding that these actions constituted willful misrepresentation or bad faith. The appeal is remanded for further development regarding the portion of the overpayment created by changes in Social Security disability benefits.
The deciding factor: The appellant's actions leading to the creation of an overpayment were found to constitute willful misrepresentation or bad faith, which precludes consideration of waiver of recovery under the standard of equity and good conscience.
- Claimed conditions
- unknown
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 2, 2001
- Citation
- 0109695
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 0109695.
What this means for you
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- Denied
The Board denied the Veteran's challenges to the creation and validity of her overpayment debt. The overpayment was found to be properly created, but the amount was recalculated based on a one-year period from October 2, 2019, to October 31, 2020. The waiver claim for recoupment of the overpayment was denied due to fault of both parties and potential financial hardship.
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