The Board denied the veteran's request to waive recovery of an overpayment of $2,000 in non-service connected pension benefits due to his fault in not reporting concurrent receipt of Social Security benefits.
The deciding factor: The veteran was found at fault for failing to report his concurrent receipt of Social Security benefits, which contributed to the creation of the overpayment. The Board determined that recovery would violate principles of equity and good conscience given the veteran's financial status and the amount of the remaining overpayment.
- Claimed conditions
- coronary artery disease with atherosclerosis, renal insufficiency with recurrent nephrolithiasis, lumbar spondylosis with decreased range of motion, cervical spondylosis and degenerative disc disease at C5-C6, diabetes mellitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 25, 2003
- Citation
- 0333061
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 0333061.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, visual impairment, hypertension, and erectile dysfunction due to lack of exposure to herbicide agents during service. The Veteran's claims were not granted.
- Remanded (sent back)
The Veteran's claims for service connection on the merits are being remanded due to new evidence and development needs. The maximum disability rating for tinnitus has already been assigned.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, ischemic heart disease, right lower extremity peripheral artery disease, left lower extremity peripheral artery disease, and hypertension as the evidence did not establish an in-service event or exposure to herbicide agents.
- Granted
The Veteran's Special Monthly Compensation (SMC) based on the need for regular Aid and Attendance is granted as of April 25, 2024.,For diabetes mellitus, a rating in excess of 20 percent is denied.
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