The Board is unable to determine when the Veteran was first issued payment by SSA and needs to examine whether the overpayment of nonservice-connected pension and special monthly pension benefits in the amount of $2,107.00 was properly created.
The deciding factor: The Board cannot conclusively determine when SSA payments commenced due to lack of information from the Veteran's wife and other documents relied on by the COWC.
- Claimed conditions
- unknown
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 26, 2009
- Citation
- 0940605
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 0940605.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has determined that the Veteran's eligibility for a Level 2 stipend under VA's PCAFC is in dispute due to insufficient medical review regarding his need for supervision, protection or instruction on a continuous basis. The case is being remanded for further evaluation.
- Denied
The VA correctly calculated and paid retroactive compensation benefits to the Veteran for the period from May 1, 2024 through September 30, 2025. The appeal is denied as additional retroactive VA compensation is not warranted.
- Remanded (sent back)
The Board has determined that the issue on appeal should be characterized as entitlement to additional dependency compensation for P. J. C., the Veteran's minor child, and has found a pre-decisional duty to assist error in not including information or evidence from SSA regarding the disputed SSN provided by the Veteran.
- Denied
The Board denied the Veteran's challenges to the creation and validity of her overpayment debt. The overpayment was found to be properly created, but the amount was recalculated based on a one-year period from October 2, 2019, to October 31, 2020. The waiver claim for recoupment of the overpayment was denied due to fault of both parties and potential financial hardship.
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