The Board denied the veteran's request for waiver of overpayment of improved pension benefits, finding that recovery would not be against equity and good conscience.
The deciding factor: The fault lies with the veteran in failing to report all his income, leading to an overpayment. The Board concluded that recovery would not defeat the purpose of the benefit or cause unjust enrichment.
- Claimed conditions
- N/A
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 28, 2007
- Citation
- 0705715
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 0705715.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board found that the Veteran's NSC pension benefits were properly terminated as he was no longer considered disabled for SSA benefits purposes, and there is insufficient evidence to support continued entitlement.
- Denied
The Veteran died from non-service-connected causes while hospitalized by VA. The appellant was awarded burial benefits based on the specific statutory and regulatory guidelines, but additional nonservice-connected burial benefits are not warranted as there being no doubt to be resolved.
- Granted
The Board has granted the Veteran's claims for nonservice-connected burial allowance, burial plot or interment allowance, and denied the claim for transportation expenses. The decision is based on evidence showing that the Veteran died while under VA care and with VA authorization.
- Denied
The Board has determined that the appellant is receiving compensation for her spouse's service-connected cause of death, which constitutes a greater benefit than the nonservice-connected death pension. Therefore, the appeal for nonservice-connected death pension is denied.
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