The Veteran's request for a waiver of an overpayment of VA disability pension benefits in the amount of $15,688.00 was denied because there was no indication of fraud, misrepresentation or bad faith on his part in creating the debt. The Board found that the fault lay primarily with the Veteran for failing to notify VA promptly after receiving additional income from state disability pension.
The deciding factor: The Veteran's failure to report his spouse's income from a retroactive state disability pension award resulted in an overpayment, and requiring repayment would not be against equity and good conscience as it did not result in undue hardship or unjust enrichment.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 7, 2009
- Citation
- 0929694
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 0929694.
What this means for you
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- Denied
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- 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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