The Board has determined that the creation of the overpayment was due to administrative failure and not fraud, misrepresentation or bad faith. The veteran's claim for continued increased compensation rates and his daughter's Dependents' Educational Assistance (DEA) were submitted under the same cover letter in September 1995, putting VA on notice of both benefits sought. As a result, recovery of the overpayment is against equity and good conscience.
The deciding factor: The creation of the overpayment was due to administrative failure rather than fraud, misrepresentation or bad faith by the veteran.
- Claimed conditions
- Above the knee amputation of the right lower extremity, Scars of the remaining right leg, Scar on the left leg, Sensorineural hearing loss, Left ankle and knee disabilities, Glaucoma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 23, 2002
- Citation
- 0214838
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 0214838.
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 Veteran's service-connected glaucoma has rendered him unable to secure or follow substantially gainful employment on an extra-schedular basis, effective September 1, 2020.
- Remanded (sent back)
The Board has remanded the claim of entitlement to compensation benefits under 38 U.S.C. § 1151 for glaucoma due to inadequate development and reasoning in the previous decision.
- Denied
The Veteran's claim for a 100 percent rating for glaucoma prior to January 27, 2023 was denied as there is no medical evidence showing he had visual acuity of less than 5/200 or a reduced visual field to 5 degrees in both eyes prior to that date.
- Denied
The Board denied service connection for PTSD, sleep disturbances, anxiety, hypothyroidism, glaucoma, and hypertension. The Veteran's claims were not supported by the evidence of record.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.