The Board found that the overpayment of compensation benefits in the amount of $1,775.00 was not properly created due to VA administrative error and constructive notice of the Veteran's spouse's death.
The deciding factor: VA had constructive knowledge of the Veteran's spouse's death less than one month after his death, which prevented a valid overpayment from being created.
- Claimed conditions
- Dependents' Pension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 19, 2011
- Citation
- 1138912
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 1138912.
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).
Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Board denied attorney fees eligibility based on the March 2023 decision granting an extension of an additional dependency benefit for a child's school attendance, as there was no qualifying review request.
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The overpayment of VA compensation benefits in the amount of $21,694.95 was properly created due to a failure to notify the VA Regional Office (RO) promptly of marital changes.
- Whole decision: Denied
The Board found that the overpayment of VA compensation benefits in the amount of $5,310.27 was properly created due to the Veteran's failure to notify VA about his divorce and new marriage, resulting in an overpayment.
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