The Board denied the Veteran's request for waiver of overpayment of VA compensation benefits, finding that recovery would not be against equity and good conscience due to lack of undue hardship and unjust enrichment. The debt was incurred during a period when the Veteran received concurrent military pay.
The deciding factor: Recovery of the overpayment would result in undue hardship as it would deprive the Veteran's family of basic necessities, defeating the purpose for which the benefits were intended.
- Claimed conditions
- unknown
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 18, 2018
- Citation
- 18158744
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 18158744.
What this means for you
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What you can do next
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The Board has determined that the issue on appeal should be characterized as entitlement to additional dependency compensation for P. J. C., the Veteran's minor child, and has found a pre-decisional duty to assist error in not including information or evidence from SSA regarding the disputed SSN provided by the Veteran.
- Denied
The Board denied the Veteran's challenges to the creation and validity of her overpayment debt. The overpayment was found to be properly created, but the amount was recalculated based on a one-year period from October 2, 2019, to October 31, 2020. The waiver claim for recoupment of the overpayment was denied due to fault of both parties and potential financial hardship.
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