The Board found that the overpayment of $2,860.00 in nonservice-connected pension benefits was validly created due to the appellant's failure to report his Social Security Administration income. The Board also determined that there was no indication of fraud, misrepresentation or bad faith on the part of the appellant, and thus denied the request for waiver of recovery.
The deciding factor: The appellant failed to timely and accurately report his income, which resulted in a larger pension award than he was entitled to. This action constituted bad faith as it sought an unfair advantage by not reporting his Social Security Administration income.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 6, 2012
- Citation
- 1208575
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 1208575.
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