Citation Nr: 18141054 Decision Date: 10/09/18 Archive Date: 10/09/18 DOCKET NO. 15-06 011 DATE: October 9, 2018 ORDER The request for a waiver of an overpayment of Department of Veterans Affairs (VA) compensation benefits in the amount of $13,085.23 was timely filed; to this extent, the appeal is granted. REMANDED Entitlement to a waiver of the recovery of an overpayment of VA compensation benefits in the amount of $13,085.23 is remanded. FINDING OF FACT 1. In a March 2014 letter, the Veteran was notified, in pertinent part, that his benefits were adjusted resulting in a debt and would be notified of the exact amount; the Veteran was provided notification that he had one year to appeal the determination. 2. In April 2014, the Veteran was notified again of the amount of the debt and was told he had 180 days to request a waiver of the recovery of this debt. 3. The Veteran requested a waiver of the recovery of the debt in October 2014, which was more than 180 days after the April 2014 notification, but within one year of the March 2014 notification. 4. The Veteran timely applied for a waiver of the recovery of the debt due to error by VA. CONCLUSION OF LAW The Veteran applied for a waiver of recovery of overpayment of VA compensation benefits in the amount of $13,085.23 in a timely manner. 38 U.S.C. § 5302 (a); 38 C.F.R. § 1.963 (b)(2). REASONS AND BASES FOR FINDINGS AND CONCLUSION Timeliness of the Waiver Request Under applicable criteria, a request for waiver of an indebtedness shall only be considered if made within 180 days following the date of a notice of indebtedness to the debtor. The 180-day period may be extended if the individual requesting waiver demonstrates, as a result of error by either the VA or the postal authorities, or due to other circumstances beyond the debtor’s control, there was a delay in such individual’s receipt of the notification of indebtedness beyond the time customarily required for mailing. If the debtor does substantiate there was such a delay in the receipt of the notice of indebtedness, the 180-day period shall be computed from the date of the debtor’s actual receipt of the notice of indebtedness. 38 U.S.C. § 5302 (a); 38 C.F.R. § 1.963 (b)(2). In a March 2014 letter, the Veteran was notified, in pertinent part, that his benefits had been adjusted and that he owed a debt to VA, but would be further notified of the exact amount of the debt. The Veteran was provided a VA Form 21-4107 which advised the Veteran that he had one year to appeal the determination. The Veteran was then again notified of the debt in April 2014 and was told of the amount of the debt. The letter stated that the Veteran could request a waiver of the debt in certain circumstances. Under the heading “RIGHT TO REQUEST WAIVER OF THE DEBT,” that the right to request a waiver “only lasts for 180 days.” Thus, in pertinent part, the Veteran was informed that he had 180 days to request a waiver of the recovery of this debt. The Veteran requested a waiver of the recovery of the debt in October 2014 which was more than 180 days after the April 2014 notification, but within one year of the March 2014 notification. The Veteran was provided seemingly conflicting information regarding his appeal rights. It is reasonable to find that he believed that he had one year to “appeal the decision” as he was in disagreement with the fact that he owed an overpayment. The lack of clarity by VA equates to error by VA. Thus, the Veteran timely applied for a waiver of the recovery of the debt. REASONS FOR REMAND Waiver of the Recovery of the Debt is remanded. Due to the Board’s above grant, the issue of waiver of recovery of an overpayment of compensation benefits in the amount of $13,085.23 must now be adjudicated by the RO. The matter is REMANDED for the following action: (Continued on the next page)   Adjudicate the issue of waiver of recovery of an overpayment of compensation benefits in the amount of $13,085.23, undertaking such development as is necessary in order to adjudicate the issue, and addressing the specific contentions raised by the Veteran. S. L. Kennedy Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Connolly, Counsel