The Veteran's overpayment of VA compensation benefits is waived due to the validity of the debt and the absence of fraud, misrepresentation or bad faith. The Board finds that recovery would cause undue hardship.
The deciding factor: The Board found that the Veteran was incarcerated for a felony conviction from August 27, 2015, which created a valid overpayment. However, VA bore some fault in the creation of the debt and waived it due to the absence of fraud, misrepresentation or bad faith on the part of 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
- January 28, 2020
- Citation
- 20005680
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.