The Board denied the veteran's claim for waiver of overpayment, finding that recovery would not be against equity and good conscience due to the fault of the debtor (the veteran) in creating the overpayment. The decision also noted that the purpose of VA disability compensation benefits was not defeated by recovery of the overpayment.
The deciding factor: The Board found that the fault for creation of the overpayment lay solely with the veteran, who did not promptly disclose pertinent information to VA, resulting in unjust enrichment and failure to make restitution would result in unfair gain to the extent of those benefits.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 20, 2003
- Citation
- 0302980
Veterans Law Judge
Decisions by this judge: 999 · Granted: 31% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0302980.
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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