The Board has granted a waiver of recovery for an overpayment of death pension benefits in the amount of $4,016 due to the appellant's failure to report her receipt of Social Security Administration (SSA) income. The decision concludes that the appellant's actions did not constitute bad faith and that recovery would be against equity and good conscience.
The deciding factor: The Board found that the appellant was substantially at fault in creating the overpayment by failing to timely report her receipt of SSA income, but also noted some VA fault due to delayed termination of benefits. The decision concluded that financial hardship was present given the appellant's limited assets and high monthly expenses relative to income.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2002
- Citation
- 0216159
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 0216159.
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.