The overpayment of $4,473.00 was created due to the receipt of compensation benefits under both Federal Employees' Compensation Act (FECA) and VA regulations for a right knee disability. The Veteran's request for waiver of recovery is granted as it does not meet the criteria for undue financial hardship or against equity and good conscience.
The deciding factor: The overpayment was created due to the receipt of compensation benefits under both FECA and VA regulations, but the Veteran's timely notification of his FECA benefits prevented any fault on his part. The decision is in favor of waiver as it does not meet the criteria for undue financial hardship or against equity and good conscience.
- Claimed conditions
- Right Knee Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- July 15, 2013
- Citation
- 1322445
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 1322445.
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.
- Denied
The Veteran's service-connected knee disabilities are rated at 10% each, and the Board finds that higher ratings are not warranted based on the evidence of record.
- Denied
The Board has determined that the Veteran's bilateral knee disabilities are not related to his active service, and thus denied both claims for service connection.
- Denied
The Board denied the Veteran's claim for service connection of a right knee disability, finding that there is no evidence to support an etiological relationship between his current condition and his military service.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for increased ratings for his low back, left knee, and right knee disabilities due to inadequate VA examinations. The AOJ is instructed to obtain private treatment records from Mays & Schnapp Pain Management and schedule the Veteran for additional medical examinations.
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