The Board denied the Veteran's request for a waiver of an overpayment of nonservice-connected pension benefits, finding that the creation of the debt was valid and not solely due to VA error. The Board also found no evidence of fraud, misrepresentation or bad faith on the part of the Veteran in creating the overpayment.
The deciding factor: The Board determined that the fault for the overpayment lay entirely with the Veteran, as there is no indication of fraud, misrepresentation, or bad faith on his part. The creation of the debt was not solely due to VA error and recovery would not result in undue hardship for the Veteran.
- 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 17, 2019
- Citation
- 19178797
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.