The Board found the overpayment debt was properly created due to a change in dependency status resulting from the death of the Veteran's spouse. However, recovery of the overpayment debt would defeat the purpose for which the benefits were intended (supporting a spouse) and thus denial of waiver of recovery is granted.
The deciding factor: The Board found some fault on the Veteran’s part for not timely notifying VA of changes in his marital status, but also acknowledged that VA bore some responsibility for not implementing the adjustment to his disability compensation award until November 2014. The overpayment debt was created due to receipt of an extra allowance for his spouse after her passing.
- 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 27, 2018
- Citation
- 18153234
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 18153234.
What this means for you
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