The Veteran is entitled to a waiver of overpayment as he was not unjustly enriched by the overpayment and there has been no finding of fraud, misrepresentation, or bad faith on his part. The Board finds that recovery of the debt would be against equity and good conscience.
The deciding factor: The evidence demonstrates that during the period in which this debt was incurred, the Veteran was not competent and unaware of the fact that his custodian continued to receive monthly VA benefit payments on his behalf.
- 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 21, 2019
- Citation
- 19187803
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.