Citation Nr: 18156363 Decision Date: 12/07/18 Archive Date: 12/07/18 DOCKET NO. 15-14 239A DATE: December 7, 2018 ORDER A timely request for a waiver of the recovery of an overpayment of Veterans' Retraining Assistance Program (VRAP) benefits in the amount of $3,021.33, was submitted; and to this extent only, the claim is granted. REMANDED Entitlement to a waiver of the recovery of an overpayment of VRAP benefits in the amount of $3,021.33, to include the preliminary issue of the validity of the debt, is remanded. FINDING OF FACT 1. In a January 2014 letter, the Department of Veterans Affairs (VA) notified the Veteran that his VRAP benefits had been stopped on November 18, 2013, because his school reported that he reduced his training below full-time. The Veteran was notified that an overpayment of VRAP benefits in the amount of $1,648.00, was created, and he was informed that to disagree with the decision, he must submit an explanation in writing, explaining why he disagreed. 2. In a February letter, the VA notified the Veteran that his VRAP benefits had been stopped on January 6, 2014, because his school reported that he reduced his training below full-time. The Veteran was notified that an overpayment of VRAP benefits in the amount of $3,021.33, was created, and he was informed that to disagree with the decision, he must submit an explanation in writing, explaining why he disagreed. 3. On March 20, 2018, the Veteran submitted a statement which contained sufficient information to indicate that he was seeking a waiver of the recovery of the overpayment of VRAP benefits. CONCLUSION OF LAW The criteria for a timely request for a waiver of the recovery of an overpayment of VRAP benefits in the amount of $3,021.33, have been met. 38 U.S.C. § 5302 (West 2002); 38 C.F.R. § 1.963 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the Army from February 1974 to February 1978. This matter is before the Board of Veterans’ Appeals (Board) on appeal of a November 2014 RO decision of the Committee on Waiver and Compromises that denied the Veteran’s claim for entitlement to a waiver of the recovery of an overpayment of VRAP benefits in the amount of $3,021.3, on the basis that his request for a waiver had not been timely filed. Timeliness of a Request for a Waiver of the Recovery of an Overpayment of VRAP Benefits in the Amount of $3,021.33. A request for waiver of recovery of indebtedness shall only be considered if made within 180 days following the date of a notice of indebtedness by VA to the debtor. The 180-day period may be extended if the individual requesting waiver demonstrates that as a result of error either by VA, 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). If the requester does substantiate that there was such a delay in the receipt of the notice of indebtedness, the Chairperson of the Committee shall direct that the 180-day period be computed from the date of the requester’s actual receipt of the notice of indebtedness. 38 U.S.C. § 5302 (a); 38 C.F.R. § 1.963 (b). The Board notes that where, as in the present case, VA mails a notice, there is a presumption of the regularity of the administrative process. Mindenhall v. Brown, 7 Vet. App. 271 (1994). The Veteran essentially contends that he submitted a timely request for a waiver of the recovery of an overpayment of VRAP benefits in the amount of $3,021.33. In August 2013, the Veteran was awarded VRAP benefits. In a January 2014 letter, the VA notified the Veteran that his VRAP benefits had been stopped on November 18, 2013, because his school reported that he reduced his training below full-time. The Veteran was notified that an overpayment of VRAP benefits in the amount of $1,648.00 was created. The Veteran was informed that in order to disagree with the decision, he must submit an explanation in writing, explaining why he disagreed. In a February letter, the VA notified the Veteran that his VRAP benefits had been stopped on January 6, 2014, because his school reported that he reduced his training below full-time. The Veteran was notified that an overpayment of VRAP benefits in the amount of $3,021.33 was created. He was informed that in order to disagree with the decision, he must submit an explanation in writing, explaining why he disagreed. In a March 20, 2014, statement, the Veteran indicated that he had received a letter from the VA notifying him that his benefits were stopped. He stated that he had honored the requirements for the VRAP program. The Veteran also indicated that he was requesting full reimbursement of all monthly benefits withheld for the months that he attended school. In April 2014, the Veteran was notified by the RO that he was delinquent on his education benefits debt in the mount of $3,021.33. On June 20, 2014, a member of the United States Senate indicated that the Veteran had requested assistance because he had incurred an overpayment due to his education benefits. A May 2014 statement from the Veteran, was enclosed, in which he stated that he would like to retrieve the full monthly benefit rates that were withheld from his account. A September 2014 VA memorandum notes that the Veteran had given permission to his spouse to provide information. The Veteran’s spouse indicated that they could not pay the debt because the Veteran was unemployed. A November 2014 RO decision of the Committee on Waiver and Compromises denied the Veteran’s claim for entitlement to a waiver of the recovery of an overpayment of VRAP benefits in the amount of $3,021.3, on the basis that his request for a waiver had not been timely filed. The decision noted that the Veteran was notified of his indebtedness in January 2014, as well as the right to request a waiver, and the 180-day time limit for filing an application for a waiver. The decision indicated that a request for a waiver was received on September 26, 2014. The Board notes that the actual request for a waiver is apparently not of record. In the judgment of the Board, the March 20, 2014, statement from the Veteran contained sufficient information to be construed as a request for a waiver of the recovery of an overpayment of VRAP benefits in the amount of $3021.33. Under the circumstances of this case, after applying the benefit-of-the-doubt rule (38 U.S.C. § 5107 (b) (West 2014)), the Board finds that the waiver request was received by the VA in March 2014, that is, well before the expiration of the 180-day period for requesting a waiver; thus, the Veteran filed a request for a waiver of recovery of an overpayment of VRAP benefits in a timely fashion. REASONS FOR REMAND As it has been determined that the Veteran filed a timely request for a waiver of recovery of an overpayment of VRAP benefits in the amount of $3021.33, the RO must now adjudicate the merits of the claim, to include the preliminary issue of the validity of the debt. Additionally, the Board notes that a November 2014 RO decision of the Committee on Waiver and Compromises indicates that a request for a waiver was received on September 26, 2014. The Board notes, however, that a September 26, 2014 statement from the Veteran is not of record. Further, there are no financial status reports of record from the Veteran regarding his claim. Under the circumstances, the Board finds that the merits of the Veteran’s claim for entitlement to a waiver of the recovery of an overpayment of VRAP benefits in the amount of $3021.33, to include the preliminary issue of the validity of the debt, must be readjudicated, and that all pertinent correspondence, to include a September 26, 2014, statement from the Veteran, as well as all necessary financial documents regarding this issue, must be obtained. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159. The matter is REMANDED for the following action: 1. Obtain all pertinent documents, including correspondence from January 2014 to the present, to specifically include a September 26, 2014, statement from the Veteran, and any other necessary financial records from regarding the Veteran’s request for a waiver of the recovery of an overpayment of VRAP benefits in the amount of $3,021.33, to include the preliminary issue of the validity of the debt. 2. Thereafter, adjudicate the merits of the Veteran’s request for a waiver of the recovery of an overpayment of VRAP benefits in the amount of $3,021.33, to include the preliminary issue of the validity of the debt. STEVEN D. REISS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD S. D. Regan, Counsel