Citation Nr: 18150105 Decision Date: 11/14/18 Archive Date: 11/14/18 DOCKET NO. 15-12 619 DATE: November 14, 2018 ORDER The Veteran's request for waiver of overpayment of Veterans' Assistance Retraining Program (VRAP) educational benefits was timely filed. To this extent only the benefit sought on appeal is allowed. REMANDED Entitlement to waiver of overpayment of VRAP educational benefits is remanded. FINDING OF FACT The record reflects the Veteran did not receive proper notice of the time limits to file his application to request a waiver of overpayment of VRAP educational benefits, and his application for wavier of recovery must be deemed timely filed. CONCLUSION OF LAW The Veteran's request for waiver of overpayment of VRAP educational benefits was timely filed. 38 U.S.C. § 5302; 38 C.F.R. § 1.963; Hyson v. Brown, 5 Vet. App. 262 (1993). REASONS AND BASES FOR FINDING AND CONCLUSION The record reflects the Veteran served on active duty in the United States Air Force from August 1984 to August 1987. This matter is before the Board of Veterans’ Appeals (Board) on appeal from determinations made at a Department of Veterans Affairs (VA) Regional Office (RO). 1. Whether the Veteran's request for waiver of overpayment of Veterans' VRAP educational benefits was timely filed. The law requires that an application for waiver must be made within 180-days from the date of notification of the indebtedness by the Secretary to the payee. 38 U.S.C. § 5302(a); 38 C.F.R. § 1.963(b)(2). The 180-day period may be extended if the individual requesting waiver demonstrates to the Chairperson of the Committee on Waivers and Compromises that, as a result of an 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 (including forwarding). 38 C.F.R. § 1.963(b)(2). If the requester does substantiate that there was such a delay in the receipt of the notice of indebtedness, the Chairperson shall direct that the 180-day period be computed from the date of the requester's actual receipt of the notice of indebtedness. Id. In this case, the record reflects the Veteran was sent notification in March 2014 regarding the overpayment of VRAP educational benefits, and that he could request waiver of this overpayment. His waiver request was noted as being received in October 2014, and nothing in the evidence of record reflects such a request was received prior to that date. As such, it does not appear his waiver request was received within 180 days of the March 2014 notification. The Veteran contends, however, that he did not receive notification from VA about the overpayment, and only learned about it when checking his credit report. He also states that the evidence provided to him reflects the notification was not sent to his correct address. The address listed on the March 2014 notification was also listed onorrespondence sent to the Veteran in August 2013. In addition, there appear to be computer sheets in the record which lists this as his address of record. However, the United States Court of Appeals for Veterans Claims (Court) has held that VA is precluded from determining that a claim has been abandoned when a file discloses other possible and plausible addresses and VA has not attempted to locate the veteran at the alternate known address. Hyson v. Brown, 5 Vet. App. 262, 265 (1993). Here, the record showss an alternate address for which the Veteran was sent correspondence for other VA benefits to include in May 2013, December 2013, and December 2014. Moreover, VA medical treatment records dated in 2014 identify the alternate address as his contact information. Nothing in the record reflects VA tried to contact the Veteran regarding the overpayment at this alternate address. In view of the above, the Board finds that the Veteran’s report of non-receipt of notification from VA regarding the overpayment is consistent with the evidence of record. As such, the Board finds that the Veteran did not receive proper notice of the time limits to file his application to request a waiver of overpayment of VRAP educational benefits, and his application for wavier of recovery must be deemed timely filed. To this extent only, the benefit sought on appeal is allowed. REASONS FOR REMAND 1. Entitlement to waiver of overpayment of VRAP educational benefits is remanded. The Veteran’s request for a waiver of the overpayment of VRAP educational benefits was denied below on the basis of not being timely filed. However, for the reasons stated above, the Board has determined it was timely filed. Thus, a remand is required to adjudicate the merits of the Veteran’s waiver request in the first instance. The Board also notes that the Veteran has indicated, to include as part of his March 2015 Substantive Appeal, that recovery of the overpayment would result in financial hardship and submitted financial records in support of this contention. However, as it has been more than 3 years since the Substantive Appeal was received it appears this information may not currently be accurate. Accordingly, while on remand the Veteran should be requested to submit updated financial information. The matter is REMANDED for the following action: 1. Request the Veteran to submit a current financial status report, VA Form 5655. 2. Thereafter, refer the Veteran’s request for a waiver of recovery of overpayment of VRAP education benefits to the Committee on Waiver and Compromises for adjudication of the claim on the merits, as the Board has found that the Veteran's request was timely. STEVEN D. REISS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD John Kitlas, Counsel