The Board has determined that the overpayment of $8,188 in death pension benefits was properly created due to the appellant's receipt of Social Security Administration (SSA) benefits. The Board also found it against equity and good conscience for the VA to recover this overpayment, considering financial hardship and other equitable factors.
The deciding factor: The appellant had knowledge that her SSA benefits should be considered in determining her entitlement to pension benefits, but continued to receive full death pension benefits despite knowing she was receiving SSA benefits. This fault exceeds VA's fault, and recovery would cause significant financial hardship for the appellant.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 22, 2010
- Citation
- 1023298
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 1023298.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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