The Board found that the pension overpayment indebtedness of $93,221.84 was validly established due to incomplete information regarding the appellant's family income. The Board also determined that a waiver of recovery of this overpayment is not warranted because there was willful failure on the appellant's part to disclose a material fact with intent to obtain or retain eligibility for additional pension benefits.
The deciding factor: The veteran's repeated act of reporting that his wife had no income when in fact she was receiving significant Social Security benefits clearly amounted to misrepresentation, which constituted bad faith and precluded waiver of recovery.
- 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 10, 2007
- Citation
- 0700734
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 0700734.
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