The Board has granted a waiver of recovery for the overpayment of VA pension benefits in the amount of $12,437.00 due to fault on the part of VA and undue financial hardship.
The deciding factor: Recovery would be against equity and good conscience as the Veteran demonstrated financial hardship by submitting a completed Financial Status Report (VA Form 5655).
- Claimed conditions
- type 2 diabetes mellitus, bilateral lower extremity neurological disability, circulatory disability, sleep disability (to include sleep apnea and sleep deprivation), hypertensive vascular disease, respiratory disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 30, 2018
- Citation
- 18130854
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 18130854.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Denied
The Board denied the Veteran's claims for service connection for a right knee disability, restless leg syndrome, and respiratory disability due to lack of evidence showing in-service incurrence or aggravation of these conditions.
- Granted
The Veteran's need for regular aid and assistance of another person due to service-connected disabilities has been established, allowing him to receive special monthly compensation at the aid and attendance rate.
- Dismissed
The Veteran withdrew his appeal regarding the claims for service connection for a skin condition, traumatic brain injury, a respiratory disability, bilateral shin splints, and bilateral flatfoot.
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