The Board found that the overpayment of VA pension benefits was properly created due to the appellant's knowledge or should have known about the erroneous payments, and thus denied the appeal.
The deciding factor: The appellant knew or should have known she received higher pension benefits to which she was not entitled after her brother's death, leading to an overpayment. There is no provision of law under which the Board could grant relief in this case.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 11, 2019
- Citation
- 19128219
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.