The Board found that the overpayment of disability compensation in the amount of $5,166.07 was validly created and denied waiver of recovery due to fault on the part of both the Veteran and VA.
The deciding factor: Recovery of the debt would not defeat the purpose of the service connected compensation program and there is no indication that reliance on overpaid benefits has resulted in any significant changing of the Veteran's position to his detriment. However, the Veteran bears fault for accepting payments while incarcerated without notifying VA, and there is undue hardship due to insufficient income from prison job.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- November 20, 2017
- Citation
- 1753252
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 1753252.
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