The Board found the overpayment validly created and not against equity and good conscience for the period from June 17, 2007 through April 2, 2008. However, recovery of the overpayment would be against equity and good conscience for the period from April 3, 2008 onwards due to the Veteran's failure to notify VA of his divorce and subsequent remarriage.
The deciding factor: The Veteran was at fault in creating the overpayment by failing to timely inform VA of his divorce and remarriage. Recovery would not be against equity and good conscience for the period from June 17, 2007 through April 2, 2008, but would defeat the purpose of the benefits intended for a dependent spouse.
- 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
- August 29, 2017
- Citation
- 1735876
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 1735876.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
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- Denied
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- Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
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