The Board has remanded the Veteran's request for a waiver of overpayment of VA pension benefits created prior to March 12, 2012 due to incomplete development and notification. The AOJ is instructed to consider the Veteran's completed VA Form 5655 dated September 6, 2019 and verify his income levels from 2008 to 2012.
The deciding factor: The Board found that the AOJ did not properly consider evidence submitted by the Veteran and notified him of steps taken to calculate his overpayment amount.
- 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 16, 2020
- Citation
- 20004012
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
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.