The waiver of recovery of the overpayment of improved death pension benefits is not precluded by fraud, misrepresentation or bad faith. The case is remanded for further consideration under the standard of equity and good conscience.
The deciding factor: The evidence does not meet the burden of proof in establishing actual fraudulent intent, willful misrepresentation, or willful failure to disclose a material fact.
- 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
- 18153458
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 18153458.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
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