The Board found that the overpayment of $19,704.00 was properly created due to the Appellant's concurrent receipt of SSA disability benefits and VA death pension benefits. The Appellant was at fault for not notifying VA about her change in SSA benefits, while VA was not at fault. A partial waiver of $6,913.00 was granted based on factors of equity and good conscience.
The deciding factor: The Appellant's failure to notify VA of the change in her SSA disability benefits contributed to the creation of the overpayment, but her health issues were considered mitigating.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- November 22, 2013
- Citation
- 1338603
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 1338603.
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
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.