The Board found that the withholding of VA compensation in lieu of military retired pay from November 1, 2007, through December 1, 2008, was proper due to the Veteran's not being legally entitled to receive both benefits at the same time and his responsibility for the overpayment.
The deciding factor: The Veteran did not meet statutory or regulatory criteria for concurrent receipt of retired pay and VA compensation benefits as he was not in receipt of VA disability compensation benefits at a rate of 50 percent or higher, and the evidence demonstrated that the Veteran is responsible for the incurrence of this overpayment.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 22, 2013
- Citation
- 1338477
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 1338477.
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
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- Denied
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- Granted
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