The Board found that the overpayment of $5,345.00 in VA nonservice-connected pension benefits was validly created due to errors on the Veteran's part regarding his income and marital status. The Veteran did not notify VA about changes in his income or marriage until after they had occurred, resulting in an overpayment. However, the Board also found that the Veteran was not at fault for the overpayment as he agreed to repay the amount through monthly deductions from his benefits. Therefore, the waiver of recovery of the overpayment was denied.
The deciding factor: The Veteran's failure to report changes in income and marital status resulted in an overpayment which was later repaid by the Veteran through monthly deductions. The Board found that this did not constitute fraud or bad faith on the part of the Veteran, but rather a failure to follow VA regulations regarding timely reporting.
- 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
- February 19, 2019
- Citation
- 19112322
Veterans Law Judge
Decisions by this judge: 1,680 · Granted: 24% (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 19112322.
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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