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
- Not verified here — check the original 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. Read the original VA decision (opens in a new tab) using citation 18153458.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
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