The Board found that the veteran's overpayment of improved disability pension benefits was properly created and calculated, but granted waiver for a portion ($6,292.48) of the overpayment while denying waiver for the remaining amount.
The deciding factor: The decision is based on the principle of equity and good conscience, considering the fault of the debtor (the veteran's failure to provide authorization for state records), and weighing it against VA's rights in recovery of the overpayment. The Board found that recovery would not result in undue hardship or unjust enrichment.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- February 1, 2006
- Citation
- 0602863
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
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.