The Board denied the veteran's request for a waiver of overpayment of pension benefits, finding that recovery would not be contrary to equity and good conscience.
The deciding factor: The Board found that the appellant was solely at fault in creating the debt due to his failure to promptly report his correct income. The Board also determined that collection of the debt would not deprive him of basic necessities or nullify the objective for which benefits were intended, and that failure to make restitution would result in unfair gain.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2006
- Citation
- 0600824
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.