The Board found that the overpayment of VA compensation benefits was properly created due to concurrent receipt of VA compensation and Chapter 35 DEA benefits for a dependent child. The Veteran's request for waiver of recovery of the overpayment was denied as it would not be against equity and good conscience.
The deciding factor: The Veteran received additional compensation benefits for his dependent child while she was also receiving Chapter 35 educational assistance, resulting in a double payment that is strictly prohibited by law. The Board found fault on both the part of the Veteran (for failing to notify VA) and VA (for not promptly terminating the additional compensation benefits).
- Claimed conditions
- Not specified in this decision
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 7, 2023
- Citation
- 23049117
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 23049117.
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