The Board has determined that the Veteran was at fault for not informing VA of his marital status, but VA was primarily at fault in failing to take action. The overpayment is partially due to the Veteran's fault and partially due to VA's fault. Recovery of $3,685.00 would be against equity and good conscience, while recovery of $4,572.00 is warranted.
The deciding factor: The Board found that the portion of the overpayment primarily attributable to the Veteran ($3,685) was due to his failure to inform VA of his marital status, while the portion primarily attributable to VA ($4,572) was due to their failure to take action after being informed.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- October 6, 2020
- Citation
- 20064619
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
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