The Board remands the matter to recalculate the amount of the Veteran's overpayment debt and provide him an opportunity to file a Financial Status Report for further review.
The deciding factor: The Veteran did not show that his actions or failure to act contributed to the creation of the overpayment, nor that he neither subjectively knew nor should have objectively known that the overpaid funds were disbursed in error. The Board finds that the Veteran's overpayment was properly created conceptually, but the period underlying the overpayment must be truncated down to one year from the date of the AOJ's receipt of E.C.'s notice.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 10, 2025
- Citation
- A25012076
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