The Veteran's overpayment of $239,385.60 was properly created due to his failure to report his incarceration and the debt is not eligible for waiver due to bad faith.
The deciding factor: The Veteran acted in bad faith by deliberately attempting to conceal his incarceration for a felony and continued to receive benefits he was not entitled to for approximately 10 years, showing an intent to seek an unfair advantage 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
- March 4, 2009
- Citation
- 0907814
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.