The Board found that the veteran did not commit fraud, misrepresentation or bad faith in creating the overpayment and thus waived recovery of the $99,214 debt is not precluded by law. The case is now remanded for further consideration under the principles of equity and good conscience.
The deciding factor: The veteran's level of intellectual functioning did not rise to the level of misrepresentation or bad faith in creating the overpayment.
- Claimed conditions
- status post traumatic injury to the head with hemianopsia, right upper extremity weakness, loss of short-term memory, and burr holes, organic brain syndrome secondary to head trauma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2006
- Citation
- 0600529
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for several conditions effective April 16, 2007, but no earlier, and denied a rating in excess of 30 percent for constipation. SMC based on the need for aid and attendance was granted from August 30, 2013.
- Remanded (sent back)
The Board remands the claims for an increased disability rating for stroke and right upper extremity weakness to correct a pre-decisional duty-to-assist error.
- Partly granted
The Board denied increased ratings for various conditions but granted a 30 percent rating for left and right upper extremity weakness prior to November 13, 2024, and an earlier effective date of August 27, 2010, for total disability based on individual unemployability.
- Partly granted
The Board granted earlier effective dates for the award of service connection for various conditions associated with inclusion body myositis (IBM) and denied increased ratings for some of these conditions, while remanding others.
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