The Board found that the overpayment of $944 was properly created due to the appellant's failure to notify VA promptly of her divorce, and that the overpayment of $2166 was also properly created. However, it denied waiver of recovery of the overpayment as collection would not be against equity and good conscience.
The deciding factor: The appellant continued to receive apportionment benefits after her divorce, which contributed to the creation of the debt. The Board found that while she was at fault in creating the debt, VA also had some fault in not promptly terminating her award.
- 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
- May 12, 2003
- Citation
- 0308936
Veterans Law Judge
Decisions by this judge: 1,464 · Granted: 14% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0308936.
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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