The Board has granted a waiver of recovery for overpayment of DIC benefits, finding that the debt was created due to VA's oversight and the Appellant's prompt notification of her remarriage. The decision concludes that requiring repayment would be against equity and good conscience.
The deciding factor: The Board found that while the Appellant had some fault in creating the overpayment, VA's mismanagement and delay in terminating benefits contributed significantly to the debt, making it unjust for the Appellant to bear full responsibility.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 5, 2019
- Citation
- 19143551
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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.