The Board has determined that the overpayment of VA compensation benefits for dependents was not properly created due to VA's failure to notify the Veteran of his divorce and remarriage, resulting in an overpayment. The appeal is granted.
The deciding factor: The error was solely due to VA's repeated failure to act on notifications from the Veteran regarding his divorce and remarriage, constituting sole administrative error.
- Claimed conditions
- Dependents' Benefits
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- October 16, 2020
- Citation
- 20067271
Veterans Law Judge
Decisions by this judge: 1,506 · Granted: 43% (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 20067271.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board found that the Veteran was not at fault in creating the overpayment and denied his request for a waiver of overpayment, as recovery would not be against equity and good conscience.
- Remanded (sent back)
The Veteran is seeking an earlier effective date for spousal benefits based on his remarriage, but the Board has ordered a remand to search for any documentation of a telephone contact in April/June 2002. The matter also involves the propriety of overpayments from November 2001 divorce to March 1, 2006.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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