The Board has remanded both issues regarding the validity and denial of waiver for a $71,417.08 debt due to an overpayment in VA disability compensation benefits as a result of a retroactive reduction in payment rate due to the Veteran’s incarceration.
The deciding factor: New evidence submitted by the Veteran suggests he may have contacted VA regarding his incarceration prior to the April 2013 Bureau of Prison match, which resulted in the retroactive reduction in his payment rate. This evidence has not been addressed and must be considered.
- 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 23, 2019
- Citation
- 19105134
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
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.