The Veteran's overpayment claim was denied because the creation of the debt was valid, and recovery would not be against equity and good conscience.
The deciding factor: The Board found that the fault in creating the debt was entirely with the Veteran due to his failure to promptly notify VA of his spouse's death, which resulted in an overpayment. The decision also noted that collection of the debt would not deprive the Veteran of basic necessities or defeat the underlying objective of paying additional compensation benefits for a spouse.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 13, 2019
- Citation
- 19185313
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.