Granted
The Veteran's daughter, the appellant, was awarded overpayment of VA educational benefits. The Board found that there was fault on the part of VA in creating the overpayment and no significant fault on the part of the appellant. Repayment would cause undue hardship due to her financial situation. Therefore, the overpayment is waived.
The deciding factor: The majority of factors considered (fault on VA's side, appellant's reliance causing detriment, and undue hardship) supported a waiver of recovery of the overpayment.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2019
- Citation
- 19100292
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
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.