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Whole decision: Denied

The Board denied the Veteran's claim for a waiver of recovery of an overpayment of additional Department of Veterans Affairs (VA) compensation benefits because the creation of the overpayment was not due to fraud, misrepresentation, or bad faith on his part. The Veteran was at fault in creating the overpayment by failing to report his divorce from B. promptly.

The deciding factor: The Veteran's failure to timely notify VA of his divorce from B. resulted in an overpayment of compensation benefits for which he is not entitled as a dependent spouse following their divorce.

Claimed conditions
Dependent spouse (B.)
How they argued it
Direct service connection
Exposure basis
None
Rating
Not verified here — check the original decision
Decision date
March 1, 2019
Citation
19115470

Veterans Law Judge

S. L. Kennedy

Decisions by this judge: 2,435 · Granted: 22% (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 19115470.

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).

Related decisions

Other Board decisions on a similar condition or argued the same way.

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