The Board found that the claimant's failure to report her correct income constituted misrepresentation of a material fact, which precludes waiver of recovery of the overpayment of VA death pension benefits in the amount of $20,046.
The deciding factor: The claimant misrepresented a material fact by failing to report her earned and unearned income, resulting in an overpayment. Her actions indicate unfair or deceptive dealing seeking gain at the VA's expense.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 6, 2001
- Citation
- 0127047
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 0127047.
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).
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