Granted
The Board has granted a waiver of the recovery of overpayment in the amount of $45,108.33 due to significant unjust enrichment and against equity and good conscience.
The deciding factor: Recovery would violate principles of equity and good conscience primarily because of fault on the part of VA for not reducing benefits promptly after notification of incarceration.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 2, 2020
- Citation
- 20000224
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.