The Board has granted the waiver of recovery for an overpayment of VA pension benefits, finding that it would not be against equity and good conscience to waive this amount as the Appellant incurred personal debts due to reduced VA pension benefits.
The deciding factor: The creation of the debt was primarily the fault of the Appellant who did not notify VA of her receipt of Social Security disability income. The Board found no indication of fraud, misrepresentation or bad faith on her part and determined that waiving the already-paid portion would result in undue hardship for the Appellant.
- Claimed conditions
- Post-Traumatic Stress Disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 12, 2019
- Citation
- 19145460
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claim for an earlier effective date for service connection of an acquired psychiatric disability, to include PTSD, as it needs a medical opinion addressing the nature and etiology of the condition prior to October 16, 2023.
- Granted
The Veteran is granted special monthly compensation (SMC) based on the need for regular aid and attendance due to his service-connected disabilities.
- Partly granted
The Veteran is granted special monthly compensation (SMC) based on the need for regular aid and attendance of another since September 30, 2020.
- Partly granted
The Board granted service connection for headaches and right hand strain, increased the ratings for PTSD, bilateral hearing loss, dyshidrotic eczema, and hypertension, and denied service connection for Parkinsonism, pes planus/flat feet, GERD, tinea versicolor, allergic rhinitis, and tinnitus. The Board also granted a TDIU.
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.