The Board found the request for a waiver of recovery of an overpayment of VA pension benefits was timely received. However, due to a pre-decisional duty to assist error, the claim is remanded to consider the merits of her waiver claim.
The deciding factor: A pre-decisional duty to assist error occurred as the Appellant's waiver request was not actually decided on the merits despite her arguments in favor of a waiver being within 180 days of the May 2022 DMC letter.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 11, 2026
- Citation
- A26022127
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 A26022127.
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
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