The Board has determined that the Veteran was primarily at fault for not informing VA of his marital status, resulting in an overpayment. The decision grants recovery of $3,685 and denies recovery of $4,572 due to significant VA fault.
The deciding factor: The primary fault lies with the Veteran's failure to report his divorce from January 1998 to October 2001, while VA was primarily at fault until August 2007 when it informed the Veteran that he was still receiving benefits for a spouse. Recovery of $3,685 is justified due to the overpayment caused by the Veteran's actions.
- Claimed conditions
- unknown
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 6, 2020
- Citation
- 20064619
Veterans Law Judge
Decisions by this judge: 1,890 · Granted: 32% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using 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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has determined that the Veteran's eligibility for a Level 2 stipend under VA's PCAFC is in dispute due to insufficient medical review regarding his need for supervision, protection or instruction on a continuous basis. The case is being remanded for further evaluation.
- Denied
The VA correctly calculated and paid retroactive compensation benefits to the Veteran for the period from May 1, 2024 through September 30, 2025. The appeal is denied as additional retroactive VA compensation is not warranted.
- Remanded (sent back)
The Board has determined that the issue on appeal should be characterized as entitlement to additional dependency compensation for P. J. C., the Veteran's minor child, and has found a pre-decisional duty to assist error in not including information or evidence from SSA regarding the disputed SSN provided by the Veteran.
- Denied
The Board denied the Veteran's challenges to the creation and validity of her overpayment debt. The overpayment was found to be properly created, but the amount was recalculated based on a one-year period from October 2, 2019, to October 31, 2020. The waiver claim for recoupment of the overpayment was denied due to fault of both parties and potential financial hardship.
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