The Veteran's request for waiver of recovery of an overpayment of VA compensation benefits is granted due to the validity of the debt and the determination that collection would be against equity and good conscience.
The deciding factor: The Board found fault on both the part of the Veteran (for not reporting his incarceration) and on the part of VA (in failing to reduce his benefits in a timely manner), but ultimately concluded that recovery would cause undue hardship for the Veteran, outweighing any unjust enrichment concerns.
- 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 14, 2020
- Citation
- 20003229
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.