The Veteran's claim for waiver of overpayment of VA compensation benefits was denied as the debt was valid and not created by fraud, misrepresentation or bad faith. The Board found that recovery would not subject the Veteran to undue hardship nor be against equity and good conscience.
The deciding factor: The decision is based on the finding that the overpayment was valid but not due to fraud, misrepresentation, or bad faith. The debt creation was partially attributed to both the Veteran's failure to act promptly after notification of his return to active duty and VA's delay in processing the adjustment.
- 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 10, 2019
- Citation
- 19178153
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.