The Board granted the challenge to the propriety of the creation of one portion of an overpayment and denied challenges to two other portions, remanding for recalculation and adjudication of a waiver claim.
The deciding factor: The RO's notification letter created an impression that the Veteran would not be deemed overpaid during the period when he remarried, even if he would omit notifying the RO of his remarriage. However, the Veteran was obligated to report K.L.G.'s death and divorce from J.K.M.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2022
- Citation
- 22000072
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
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.