The Board has determined that the overpayment of non-service-connected pension benefits was valid and granted a waiver of recovery due to VA's fault in not adjusting the amount paid based on the Veteran's Railroad Retirement income, and because repayment would result in financial hardship.
The deciding factor: VA committed error by failing to adjust the pension payment after receiving information about the Veteran's Railroad Retirement income, but the Veteran also had a significant debt which contributed to the overpayment. Recovery of the overpayment would cause 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
- November 29, 2019
- Citation
- 19190156
Veterans Law Judge
Decisions by this judge: 1,757 · Granted: 23% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19190156.
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.
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