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) weighed against waiver of recovery.
- 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 16, 2019
- Citation
- 19104037
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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.