The Board found that the overpayment of $3,510.53 was properly created due to the Veteran's failure to timely report his return to active duty and denied a waiver of recovery.
The deciding factor: The Veteran had some degree of fault in creating the overpayment by not promptly reporting his return to active duty.
- Claimed conditions
- Degenerative disc disease L5-S1, Degenerative changes of the right ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- August 3, 2012
- Citation
- 1226931
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 1226931.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claims for increased disability ratings were denied as he failed to report for scheduled VA examinations without good cause, and the evidence did not show an increase in severity of his service-connected conditions.
- Remanded (sent back)
The Board remands the claims for increased ratings and TDIU due to deficiencies in the VA examinations and missing records.
- Granted
The Veteran's headaches are rated at 30 percent effective December 11, 2019. The Veteran's degenerative disc disease L5-S1 is currently rated at 20 percent. Separate ratings of 20 percent each are granted for left and right lower extremity radiculopathies.
- Remanded (sent back)
The Board has remanded the case due to lack of substantial compliance with remand directives, specifically regarding obtaining a retrospective medical opinion for the period from March 7, 2011 to April 17, 2017.
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