The Board has granted the waiver of recovery of an overpayment of death pension benefits in the amount of $9,925 due to no indication of fraud, misrepresentation, or bad faith on the part of the appellant and because recovery would be against equity and good conscience.
The deciding factor: The appellant's actions did not rise to the level of bad faith, nor has fraud or misrepresentation been shown. The Board found that her lack of action was not shown to have been undertaken with intent to seek an unfair advantage, or with knowledge that the likely consequence would be a loss to the government.
- 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 20, 2002
- Citation
- 0216712
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 0216712.
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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