The Veteran's overpayment of VA disability compensation was created due to his incarceration for a felony, and the reduction in benefits from 30% to 10% during his period of incarceration. The Board found that recovery would not be against equity and good conscience.
The deciding factor: Recovery of the overpayment would result in unjust enrichment as the Veteran's financial situation did not warrant repayment given his age, health problems, and criminal record.
- Claimed conditions
- Schizophrenia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- September 23, 2011
- Citation
- 1135806
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 1135806.
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 Veteran's acquired psychiatric disorder, specifically schizophrenia, is rated at 70 percent disabling. The appeal for a TDIU has been granted.
- Granted
The Veteran's claim for service connection for schizophrenia was reopened and granted effective June 14, 1989. SMC based on the need for aid and attendance is also granted as of that date.
- Granted
The Board has granted the Veteran's request to readjudicate his claims for service connection for PTSD (claimed as schizophrenia), headaches, and schizophrenia. The claim for memory loss and residuals of head injury remains denied due to lack of new and relevant evidence.
- Granted
The Board has determined that the Veteran's PTSD is related to her active service and grants service connection for this condition.
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