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 assigned
- None in this 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 vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 19112322.
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