The overpayment of VA compensation benefits was properly created due to a retroactive reduction in the compensation rate, and recovery is denied as it would be against equity and good conscience.
The deciding factor: Recovery of the debt would result in unfair enrichment to the Veteran due to his incarcerated status and receipt of disability compensation at the 30 percent rate when he should have received funds at the 10 percent rate.
- 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 30, 2019
- Citation
- 19106887
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.