The portion of the overpayment from May 17, 2015 through June 19, 2015 was properly created due to a retroactive reduction in compensation rate as of the 61st day of incarceration following felony conviction. The appeal is granted in part and denied in part.
The deciding factor: The overpayment was created due to an error in judgment regarding the date of the retroactive reduction in compensation rate, which should have been based on the 61st full day of incarceration following a felony conviction.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- October 21, 2019
- Citation
- 19179864
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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.