The Board found that the overpayment of disability compensation benefits was validly created due to the Veteran's fugitive felon status from April 20, 1995, until his warrant against him was cleared on April 23, 2008. The Board also determined that recovery of this overpayment would not be against equity and good conscience as it would not deprive the Veteran of basic necessities or defeat the purpose for which the benefits were intended.
The deciding factor: The Veteran's continued receipt of VA disability compensation benefits despite being a fugitive felon from April 20, 1995, to April 23, 2008, produced an overpayment. The Board found that the fault was predominantly on the part of the Veteran for continuing to receive benefits he knew or should have known were not entitled.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- February 9, 2011
- Citation
- 1105386
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 1105386.
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.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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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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