The Board has remanded the case for further action on whether the overpayment of VA compensation benefits was properly created due to the Veteran's incarcerated felon status. The appeal will be returned to the Board only after this issue is resolved.
The deciding factor: Creation of the debt must precede consideration of the waiver issue and must include a determination as to whether the Veteran was legally entitled to the benefits in question or if VA was solely responsible for the erroneous payment.
- 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 4, 2019
- Citation
- 19176838
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
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.