The Board has granted a waiver of recovery for an overpayment in the amount of $6,228.00 due to pension benefits being terminated retroactively because the Veteran's income exceeded the maximum annual pension rate (MAPR). The decision also considers financial hardship and concludes that recovery would cause undue hardship.
The deciding factor: The Board found significant fault on both the part of the Veteran for not informing VA about his SSA income, and on the part of VA for failing to address this issue promptly. However, the Board concluded that the Veteran's reliance on VA benefits did not result in relinquishment of another valuable right, and that recovery would cause undue hardship due to financial constraints.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 21, 2020
- Citation
- 20080199
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
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.