The Board found that the overpayment was properly created due to a delayed removal of the Veteran's spouse from her benefits, despite her prompt notification of divorce. The appeal is denied.
The deciding factor: The delay in removing the spouse from the Veteran's benefits did not constitute sole administrative error as the Veteran should have been aware she was no longer entitled to the additional benefits after reporting her divorce.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2019
- Citation
- 19175611
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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.