The Board has determined that the overpayment of compensation and pension benefits in the amount of $3,798 was properly created but granted a waiver for recovery due to lack of fault on the part of the Veteran.
The deciding factor: The decision is based on the finding that the Veteran could not have reasonably known he needed to submit an updated income report, which led to the overpayment. The Board also accepted the Veteran's statements regarding undue hardship and lack of intent to commit fraud.
- 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 8, 2019
- Citation
- 19101198
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.