The Board has determined that the appellant was a fugitive felon and therefore not entitled to VA compensation during the relevant period. The overpayment of $16,692.40 is valid and recovery cannot be waived due to significant fault on the part of the appellant and unjust enrichment.
The deciding factor: The appellant's fugitive felon status caused him to be barred from receiving VA benefits, resulting in an overpayment which was not created through fraud or bad faith but rather due to his own actions. Recovery would result in unfair gain to the appellant and defeat the purpose of the fugitive felon statute.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 16, 2017
- Citation
- 1752719
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 1752719.
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