The Board denied the Veteran's appeal regarding overpayment of VA compensation benefits and waiver of recovery. The overpayment was created due to the Veteran's delay in reporting his spouse's death, resulting in an overpayment that was not against equity and good conscience.
The deciding factor: The creation of the overpayment was due to the Veteran's fault for delaying reporting his spouse's death, which resulted in a retroactive removal from benefits. The Board found no evidence of fraud or bad faith on the part of the Veteran, but determined that recovery would be against equity and good conscience.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- November 18, 2020
- Citation
- 20073858
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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.