The Board finds that the overpayment of nonservice-connected pension benefits in the amount of $12,281.20 is invalid due to administrative error on VA's part and the Veteran was unaware of the erroneous payment.
The deciding factor: VA was aware of the Veteran's SSA disability benefits but did not reduce his VA pension benefits or follow-up with the SSA, leading to the overpayment being solely due to administrative error.
- Claimed conditions
- Nonservice-connected pension benefits
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 14, 2011
- Citation
- 1110021
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 1110021.
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.
- Granted
The Board has determined that the appellant is entitled to one-fourth of the remaining accrued benefits due and owed to the Veteran at his death, specifically for the costs he paid for the Veteran's last illness.
- Denied
The veteran's nonservice-connected pension benefits were terminated on July 1, 2003 due to his receipt of Social Security Administration (SSA) benefits. The Board found that the termination was not effective earlier because it took some time for VA to process the paperwork and create an overpayment. However, the veteran is responsible for the overpayment as he did not request a later effective date.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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