Citation Nr: 18159428 Decision Date: 12/20/18 Archive Date: 12/19/18 DOCKET NO. 16-34 157 DATE: December 20, 2018 ORDER The request for a waiver of an overpayment of Department of Veterans Affairs (VA) additional compensation benefits for dependents was timely filed; to this extent only, the appeal is granted. REMANDED Entitlement to a waiver of the recovery of an overpayment of VA additional compensation benefits for dependents in the amount of $23,478.95 is remanded. FINDINGS OF FACT 1. In a January 2015 letter, the Veteran was notified that the Regional Office (RO) was retroactively removing his dependents and he had one year to appeal; there was an error regarding the date of removal of his former spouse. 2. In February 2015, the Veteran was notified 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 2015, which was more than 180 days after the February 2015 notification, but within one year of the January 2015 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 request for a waiver of recovery of overpayment of VA additional compensation benefits for dependents in the amount of $23,478.95 was timely filed. 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 January 2015 letter, the Veteran was notified that the RO was retroactively removing his dependents. He was also told that he would owe a debt and would separately be notified of the amount. There is a significant error in the letter which states that his former spouse J.T. would be removed January 1, 2015 when the actual date was a decade earlier, January 1, 2005. The Veteran was provided a VA Form 21-4107 which advised the Veteran that he had one year to appeal the determination. In February 2015, the Veteran was notified of the amount of the debt and was told 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 2015, which was more than 180 days after the February 2015 notification, but within one year of the January 2015 notification. The Veteran timely applied for a waiver of the recovery of the debt due to error by VA. The Board finds that although the February 2015 letter was meant to clarify the time limit for requested a waiver of the debt, due to the significant error in the January 2015 RO letter regarding when the former spouse was being removed, which appeared to be occurring that same month, it is reasonable to find that the Veteran might have been confused regarding the dates and time limits overall with regard to his appeal. Thus, the Board finds that 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 VA additional compensation benefits for dependents in the amount of $23,478.95 must now be adjudicated by the RO. The matter is REMANDED for the following action: Adjudicate the issue of waiver of recovery of an overpayment of VA additional compensation benefits for dependents in the amount of $23,478.95, undertaking such development as is necessary in order to adjudicate the issue, and addressing the specific contentions raised by the Veteran including the recent report of bankruptcy. S. L. Kennedy Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Connolly, Counsel