Citation Nr: 18159207
Decision Date: 12/19/18	Archive Date: 12/18/18

DOCKET NO. 14-10 724A
DATE:	December 19, 2018
REMANDED
Entitlement to a waiver of nonservice-connected disability pension overpayment in the amount of $57,107.00, is remanded.
REASONS FOR REMAND
The Veteran served on active duty from July 1973 to June 1974.  This matter comes before the Board of Veterans Appeals (Board) on appeal from a November 2013 Decision on Waiver of Indebtedness.  The Veteran presented testimony before the Board in September 2018.  
Entitlement to a waiver of nonservice-connected disability pension overpayment in the amount of $57,107.00, is remanded.
The Veteran has asked for a waiver of recovery of overpayment of the debt claiming undue financial hardship.  In a September 2018 statement he indicated that he occasionally received financial assistance from the Montgomery County Veteran Services to offset his negative income.  He further indicated that he had just filed for bankruptcy.  Records showing the amounts of financial assistance being received have not been associated with the record nor reflected on any financial status report (FSR).  The bankruptcy filing is also not of record.  Such records must be obtained upon Remand.  38 C.F.R. § 3.159.
In the most recent FSR submitted by the Veteran in September 2018, he indicated that he was currently paying $400 per month towards the overpayment leaving a balance of $52,203.68.  The Board finds there is no audit detailing payments made towards the overpayment or the current balance. 
The matter is REMANDED for the following action:
1. After securing the necessary releases, obtain (a) records from the Montgomery County Veterans Services showing the amounts of financial assistance paid to the Veteran and (b) copies of the Veteran’s bankruptcy filings and any applicable determinations.  All requests for records and their responses must be documented.
2. Send the Veteran a letter asking him to complete updated information as to his income and expenses.  The Veteran must be notified that his FSR must include any financial assistance being received and indicate whether any debts have been discharged by bankruptcy.  

 
DAVID L. WIGHT
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. L. Wallin, Counsel