The Board has determined that additional development of the evidence is required to properly address the Veteran's request for waiver of recovery of overpayment of nonservice-connected disability pension benefits. Specifically, a paid and due audit of the Veteran's pension account since October 2004 needs to be produced, followed by an updated Financial Status Report (FSR) from the Veteran. The Committee should then determine whether the debt is valid and properly created, including consideration of whether it was the result of sole administrative error by VA. If any portion of the overpayment remains unpaid after these determinations, a formal decision on waiver will be issued.
The deciding factor: The validity of the overpayment must first be determined before considering the issue of waiver due to equity and good conscience.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 22, 2009
- Citation
- 0927288
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 0927288.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
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