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
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.