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
- Not verified here — check the original 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 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 19130857.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
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).
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