The Board denied the Veteran's claim for a waiver of recovery of an overpayment of additional Department of Veterans Affairs (VA) compensation benefits for her dependent spouse, T., in the amount of $5,856.90 due to lack of financial hardship and against equity and good conscience.
The deciding factor: The Board found that there was no evidence of fraud, misrepresentation or bad faith on the Veteran's part but recovery would be against equity and good conscience as she continued to receive benefits for her former spouse after their divorce.
- Claimed conditions
- Dependent spouse
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 9, 2019
- Citation
- 19127447
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board found that the overpayment of compensation benefits for a dependent spouse and child from August 1, 2007 to October 31, 2010 was not properly created due to VA's failure to notify the Veteran about his divorce. The appeal is granted.
- Denied
The Board denied the Veteran's claims for additional VA disability compensation benefits for her dependent spouses, F. and R., as she did not timely notify VA of their marriages.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.