Granted
The Veteran's overpayment of VA compensation benefits was waived due to the lack of fault on his part and because recovery would cause unjust enrichment. The Board found that without a waiver, the Veteran would not be able to afford basic necessities.
The deciding factor: Recovery of the overpayment would result in unjust enrichment for the Veteran as he received benefits to which he was not entitled.
- 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 28, 2019
- Citation
- 19106200
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.