Citation Nr: 18151773
Decision Date: 11/20/18	Archive Date: 11/20/18

DOCKET NO. 17-49 944
DATE:	November 20, 2018
REMANDED
The issue of whether the debt created by the removal of the Veteran’s deceased spouse, S.D., was validly created, is remanded.
Entitlement to waiver of the recovery of overpayment created by removal of the Veteran’s deceased spouse, S.D., is remanded.
REASONS FOR REMAND
The Veteran, who is the appellant in this case, served on active duty from August 1966 to August 1996.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2016 decision of a Department of Veterans Affairs (VA) Regional Office (RO). 
The Veteran has another appeal before the Board.  Because that appeal involves an issue dependent on different law and facts, it is the subject of a separate decision. See BVA Memorandum No. 01-18-04; VA Purplebook 01-18-v1.0.0.
 
1. Entitlement to waiver of recovery of overpayment created by removal of the Veteran’s deceased spouse, S.D.
In August 2016, the RO notified the Veteran that an overpayment had been created.  In September 2016, the VA Debt Management Center in St. Paul, Minnesota sent the Veteran a letter informing him that he was paid $7,044.74 more than he was entitled to receive; such was based on removal of his spouse S.D. effective February 1, 2006, and payment as a single veteran.  In his November 2016 notice of disagreement, the Veteran disagreed with both the validity and amount of the debt.  He stated that the fact that he remarried in March 2007 should have been considered in determining the amount of the debt.
Although the RO adjudicated whether the date of the addition of his current spouse and creation of the debt was proper, the issue of entitlement to waiver of recovery of overpayment has not been addressed.  Such must be adjudicated by the agency of original jurisdiction in the first instance. 
2.  Whether the debt created by the removal of the Veteran’s deceased spouse, S.D., was validly created.
The Board finds that this issue is inextricably intertwined with the remanded issue of entitlement to waiver of recovery of overpayment.  Therefore, adjudication of the service connection claim must be deferred.  See Smith (Daniel) v. Gober, 236 F.3d 1370, 1373 (Fed. Cir. 2001).  
The matters are REMANDED for the following action:
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Adjudicate in the first instance the Veteran’s request for a waiver concerning the debt created by removal of his deceased spouse, S.D.
 
S. B. MAYS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Thomas, Associate Counsel