The waiver of recovery of the overpayment of improved pension benefits in the calculated amount of $12,767 is not precluded by fraud, misrepresentation or bad faith on the Veteran's part. The case is remanded for further consideration under the standard of equity and good conscience.
The deciding factor: The VA has not met the burden of proof in establishing actual fraudulent intent, so fraud is not shown. There was no willful misrepresentation of a material fact or willful failure to disclose a material fact. The Veteran did not commit bad faith since he did not engage in unfair or deceptive dealings to seek to gain at VA's expense.
- 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 19, 2019
- Citation
- 19130857
Veterans Law Judge
Decisions by this judge: 2,435 · Granted: 22% (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 19130857.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
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