The Veteran's overpayment of VA disability compensation benefits was properly created due to his failure to notify VA promptly after his spouse passed away. The Board found that the factors against the Veteran for the period prior to February 13, 2015 were strong, but since then, the fault lies with VA and a waiver is granted.
The deciding factor: The delay in notifying VA of the death of the Veteran's spouse contributed to the creation of the overpayment, but VA's failure to act promptly after receiving notification outweighs this factor for the period after February 13, 2015.
- 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
- 19101903
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.