The Board denied the Veteran's request for a waiver of an overpayment of VA compensation benefits, finding that recovery would not be against equity and good conscience due to fault on the part of the Veteran and unjust enrichment.
The deciding factor: Fault lies primarily with the Veteran for failing to notify VA of his incarceration, leading to overpayment. Recovery would result in unfair gain to the Veteran as he was unjustly enriched by receiving compensation to which he was not entitled.
- Claimed conditions
- pulmonary sarcoidosis, molluscum contagiousum
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 28, 2012
- Citation
- 1234010
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 1234010.
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.
- Whole decision: Granted
The Veteran's claims for service connection and increased ratings have been granted. The initial rating of 10 percent, but not higher, has been assigned for pulmonary sarcoidosis. Service connection has also been established for migraine headaches, degenerative arthritis in the left knee, right knee disorder (osteoarthritis), right ankle sprain, right shoulder rotator cuff tendonitis, bilateral flat feet, and various foot conditions.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to errors in obtaining necessary medical records and conducting a proper examination. The Veteran's respiratory disability, including pulmonary sarcoidosis, is being reviewed again.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to outstanding private treatment records and clarification of the diagnosis for the Veteran's sarcoidosis. Additionally, new medical opinions are needed.
- Whole decision: Dismissed
The Board has dismissed the appeal of the Veteran's claim for service connection for pulmonary sarcoidosis due to a procedural issue, as she opted into the Appeals Modernization Act (AMA) system via her Decision Review Request: Higher-Level Review.
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