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
- Not verified here — check the original 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. Read the original VA decision (opens in a new tab) using citation 23049117.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
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