Denied
The Board denied the waiver of overpayment of death pension benefits in the amount of $33,454.00 as it was determined that recovery would not be against equity and good conscience.
The deciding factor: The appellant did not commit fraud, misrepresentation, or bad faith, and there were no factors indicating undue hardship for the veteran to warrant a waiver of the overpayment.
- 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 12, 2009
- Citation
- 0905218
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.