The Board denied the Veteran's challenges to the propriety of the creation of an overpayment and the validity of its amount, finding that the Veteran did not establish a sole administrative error on VA's part.
The deciding factor: The Veteran failed to meet both prongs of the sole administrative error analysis: he neither knew nor should have known that E.T.M. was entitled to receive an upward adjustment based on his dependent school child status during the period when E.T.M. received Chapter 35 assistance, and thus did not contribute to the creation of the overpayment.
- 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 29, 2020
- Citation
- 20081510
Veterans Law Judge
Decisions by this judge: 1,893 · Granted: 31% (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 20081510.
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