The Board found that recovery of the overpayment would not defeat the purpose of the benefit and would not result in unjust enrichment, but would create undue financial hardship for the veteran.
The deciding factor: Recovery of the overpayment would not defeat the original purpose of the benefit as it would not affect the dependent's entitlement to DEA benefits or the veteran's other sources of income. However, failure to insist on repayment would result in unjust enrichment at the expense of the Government.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 4, 2009
- Citation
- 0903824
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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.