The Board found that the overpayment of DIC benefits in the original amount of $242,780.00 was validly created due to the appellant's failure to report her marital status properly and continued cohabitation with a subsequent spouse after receiving DIC benefits. The Board also determined that waiver of recovery of the overpayment is not warranted because it is precluded by law.
The deciding factor: The appellant's actions in marrying another spouse while still married to the Veteran constituted bad faith, as she was clearly aware that the failure to report her marital status properly would result in the receipt of DIC benefits. Her misrepresentations were undertaken with intent to seek an unfair advantage and knowledge of likely consequences.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 3, 2011
- Citation
- 1117015
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. Read the original VA decision (opens in a new tab) using citation 1117015.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
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