The Board found that the overpayment was properly created due to the appellant's incarceration and failure to notify VA of his status, but granted a partial waiver for $12,405.00 based on VA's fault in not adjusting benefits promptly.
The deciding factor: VA failed to adjust the appellant's disability compensation based upon notice of his incarceration in a reasonably timely manner, resulting in an overpayment that would not have occurred if the appellant had reported his status earlier.
- Claimed conditions
- Post-Traumatic Stress Disorder, Headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- June 20, 2008
- Citation
- 0820426
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 0820426.
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.
- Granted
The Board has granted service connection for Post-Traumatic Stress Disorder (PTSD) due to a verified in-service stressor, and the positive and negative medical evidence is at least in equipoise.
- Granted
Your claim for a higher rating and service connection for PTSD has been granted. The new evidence supports reopening your case.
- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Granted
The Veteran's OSA is granted as secondary to PTSD, but his headaches are denied due to lack of service connection.
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