The Board denied the Veteran's request for waiver of recovery of an overpayment of VA compensation benefits, finding that recovery would not be against equity and good conscience due to lack of undue hardship, no defeat of the purpose of the benefit, and unjust enrichment.
The deciding factor: The Board found that the Veteran was not at fault for creating the overpayment debt as he timely notified VA of his divorce. However, the remaining elements (undue hardship, defeating the purpose, and unjust enrichment) did not weigh in favor of waiver.
- 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
- January 16, 2019
- Citation
- 19104037
Veterans Law Judge
Decisions by this judge: 882 · Granted: 17% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19104037.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
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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