The Board found that the veteran's request for waiver of the overpayment was not timely filed, and thus denied it. The creation of the overpayment was deemed proper due to VA's error in adjusting SSA benefits.
The deciding factor: VA did not properly adjust the veteran's pension benefits after learning about his daughter's receipt of Social Security Administration (SSA) income from July 1993 onwards.
- Claimed conditions
- Traumatic Brain Injury (TBI) with cognitive impairment
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- December 23, 2008
- Citation
- 0844358
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 0844358.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
- Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
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