The Board found that the overpayment of compensation benefits for a dependent spouse and child from August 1, 2007 to October 31, 2010 was not properly created due to VA's failure to notify the Veteran about his divorce. The appeal is granted.
The deciding factor: The Board found that proper notification regarding the reduction of benefits for a dependent spouse and child was not provided until after the overpayment had been made, leading to an invalid debt.
- Claimed conditions
- Dependent spouse, Minor child
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 27, 2019
- Citation
- 19150192
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.
- Denied
The Board denied the Veteran's claim for a waiver of recovery of an overpayment of additional Department of Veterans Affairs (VA) compensation benefits for her dependent spouse, T., in the amount of $5,856.90 due to lack of financial hardship and against equity and good conscience.
- Denied
The Board denied the Veteran's claims for additional VA disability compensation benefits for her dependent spouses, F. and R., as she did not timely notify VA of their marriages.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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