The Board has determined that the overpayment of $25,614.00 was properly created due to the Veteran's failure to report his incarceration for a felony conviction. The criteria for waiver of recovery have not been met as there is no indication of fraud, misrepresentation or bad faith on the part of the Veteran and recovery would result in unfair gain.
The deciding factor: The Veteran's receipt of overpaid benefits while incarcerated was solely due to his failure to report his incarceration status, which resulted in an overpayment. Recovery of this debt would not defeat the purpose for which the benefits were intended as it is against equity and good conscience to require repayment given the circumstances.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 10, 2017
- Citation
- 1711445
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 1711445.
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