The Board denied the Veteran's request for waiver of recovery of an overpayment due to a retroactive apportionment payment for his daughter, finding that the debt was validly created and recovery would not be against equity and good conscience.
The deciding factor: The Veteran received benefits to which he was not entitled because he did not provide support for his child while receiving additional compensation. The Board found fault with the Veteran's actions in creating the overpayment and determined that recovery would unjustly enrich him, defeat the purpose of the benefit, and cause undue hardship.
- Claimed conditions
- Post-Traumatic Stress Disorder (PTSD), Hemorrhoids
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 13, 2024
- Citation
- A24046240
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 A24046240.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for an effective date prior to December 27, 2019 for the grant of service connection for PTSD was denied as there is no earlier claim document in the claims file and the Veteran did not timely perfect an appeal.
- Dismissed
The Veteran withdrew his appeal for an increased evaluation of his hemorrhoids, so the case is dismissed.
- Granted
The Veteran's PTSD is granted as a result of military sexual trauma (MST) that occurred during service. The Board found the Veteran's testimony and supporting evidence credible, including her VA and private treatment records.
- Granted
The Veteran's claim for TDIU is granted with an effective date of August 17, 2022. The decision also denies the Veteran's request for Special Monthly Compensation (SMC) due to lack of need for aid and attendance or being housebound.
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