The Board denied the reduction in VA disability compensation for military drill pay due to an overpayment, finding that the Veteran was not legally entitled to receive concurrent benefits and that her knowledge of the error did not constitute sole administrative error.
The deciding factor: The Veteran received active duty training pay concurrently with VA disability compensation, which is prohibited by law. The Board found that she knew she was not legally entitled to such payments but still received them.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 24, 2020
- Citation
- 20074979
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.