The Board has determined that recovery of the overpayment of pension benefits in the amount of $12,727 would be against the principles of equity and good conscience due to VA's fault in not promptly adjusting the Veteran's pension benefits after he notified them of his additional income from Social Security Administration (SSA) benefits.
The deciding factor: VA's inaction in adjusting the Veteran's pension benefits after being informed of his SSA income change outweighs any unfair gain, resulting in undue hardship and unjust enrichment for the Veteran.
- Claimed conditions
- glaucoma with visual loss, hypertensive cardiovascular disease, chronic obstructive pulmonary disease, degenerative joint and disc disease of the lumbar spine, degenerative joint disease of the left shoulder, residuals of right index finger fracture
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2016
- Citation
- 1602844
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 1602844.
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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