Citation Nr: 18159902
Decision Date: 12/20/18	Archive Date: 12/20/18

DOCKET NO. 15-26 635
DATE:	December 20, 2018
REMANDED
Whether a request for a waiver of recovery of an overpayment of Department of Veterans Affairs (VA) Chapter 35 Survivors’ and Dependents’ Educational Assistance benefits in the amount of $4,575.10 was timely filed is remanded.
REASONS FOR REMAND
The Veteran served on active duty in the U.S. Army from March 1991 to May 1993 and from December 2002 to September 2003.  The appellant is the Veteran’s son.  
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2015 decision of the Committee on Waivers and Compromises (COWC) at the Department of Veterans Affairs (VA) Regional Office (RO).
1. Whether a request for a waiver of recovery of an overpayment was timely filed is remanded.
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).
According to the January 2015 COWC decision, the Appellant was notified in an April 3, 2014 letter that he owed a debt of $4,575.10, that he had a right to request a waiver, and that he had a 180-day time limit for filing this request.  The record does not contain a copy of this letter and it is the basis for the timeliness determination.  Notably, the Appellant indicates that he did not receive the notification letter concerning the debt until December 2014, and that once he received the letter, he filed his waiver request.  
Further, there appears to be a discrepancy in the record as to when the Appellant’s waiver request was received.  According to the January 2015 COWC decision, the waiver request was received on February 25, 2015.  However, a January 2015 referral to COWC from the Debt Management Center indicates that the waiver request was received on December 17, 2014.  Nevertheless, the timeliness of the waiver request cannot be resolved until the notification letter has been obtained.  Accordingly, the Board finds that a remand is required to attempt to secure this letter.  
The matter is REMANDED for the following action:
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Obtain a copy of the April 3, 2014 letter from the Debt Management Center to the Appellant informing him of the debt of $4,575.10 and the time period to request a waiver, as well as any and all outstanding documentation regarding this claim.
 
LESLEY A. REIN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Journet Shaw