The Board denied the Veteran's request for waiver of an overpayment in Post 9/11 GI Bill (Chapter 33) educational assistance benefits, finding that the debt was valid and recovery would not be against equity and good conscience.
The deciding factor: Recovery of the overpayment would result in unjust enrichment of the Veteran as he had already repaid it, and there is no evidence of relinquishment of a valuable right or legal obligation resulting from reliance on VA benefits.
- 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 2, 2019
- Citation
- 19176099
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.