The overpayment of VA compensation benefits was properly created for the period from June 18, 2013 through December 12, 2016 due to a retroactive reduction in the compensation rate after the Veteran's incarceration for felony conviction. The portion of the debt from May 1, 2012 to June 17, 2013 and from December 13, 2016 to the date of reduction is considered improper due to sole VA administrative error.
The deciding factor: The overpayment was created due to a retroactive reduction in compensation rate after the Veteran's incarceration for felony conviction. The portion of the debt prior to notification of his award and subsequent notification of incarceration is considered invalid as it constituted sole VA administrative error.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- November 13, 2019
- Citation
- 19185547
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.