Citation Nr: 18160288 Decision Date: 12/26/18 Archive Date: 12/26/18 DOCKET NO. 15-16 243 DATE: December 26, 2018 REMANDED Entitlement to a waiver of the recovery of an overpayment of Chapter 33 (Post 9/11 GI Bill) education benefits in the amount of $1,173.56, to include the preliminary issue of the validity of the debt, is remanded. REASONS FOR REMAND The Veteran served on active duty in the Navy from July 1991 to November 1991, and on active duty in the Army from March 2003 to June 2004. This matter is before the Board of Veterans’ Appeals (Board) on appeal of an April 2014 decision of the Committee on Waiver and Compromises (COWC) of the Department of Veterans Affairs (VA) Regional Office in Atlanta, Georgia, that denied the Veteran’s claim for entitlement to a waiver of the recovery of an overpayment of Chapter 33 (Post 9/11 GI Bill) education benefits in the amount of $1,173.56, to include the preliminary issue of the validity of the debt. The Veteran contends that he is entitled to a waiver of the recovery of an overpayment of Chapter 33 (Post 9/11 GI Bill) education benefits in the amount of $1,173.56. The Veteran specifically maintains that he is experiencing extreme financial hardship and that he has been unemployed since December 2013. He also asserts that he is entitled to a mitigating circumstances waiver due to factors beyond his control. He reports that his home in Adairsville, Georgia was affected by a tornado that tore up the whole town, and that when the tornado hit his home, he was unable to attend class and had to withdraw from school. The Veteran further indicates that his wife is unemployed. The April 2014 RO decision of the COWC indicates that the Veteran was receiving Chapter 33 (Post 9/11 GI Bill) education benefits for the term of January 10, 2013, to March 2, 2013, and that VA received notification from the school that he dropped the class on February 8, 2013. It was noted that the award was adjusted accordingly and resulted in an overpayment of $1,173.56. The COWC indicated that a review of the Veteran’s August 2013 Financial Status Report showed that his monthly expenses exceeded his income, and that many of his expenses were classified as consumer debt, and not as basic necessities. The COWC found that collection of the debt would not be against equity and good conscience. The Board notes that the Veteran’s August 2013 Financial Status Report showed a total monthly net income of $3,011.00 and total monthly expenses of $2,220.00. In his April 2014 notice of disagreement, the Veteran reported that he had been unemployed since December 2013. He stated that the only income he received was his VA disability benefits of $1,800.00 per month. The Veteran indicated that he was raising a family and of four and that he could not afford to repay the debt. He maintained that his monthly living expenses, including a mortgage, utilities, a car payment, and groceries, far exceeded his monthly gross income. The Veteran also indicated that when there was a natural disaster, daily life was interrupted. The Board observes that a March 2015 notice of decision from the Social Security Administration (SSA) indicates that the Veteran became disabled on December 19, 2013, and that disability benefits were established as of that date. Additionally, a June 2016 RO rating decision granted the Veteran’s claim for entitlement to a total disability rating based on individual unemployability (TDIU), effective December 20, 2013. The Veteran contends, in part, that he is entitled to a waiver of the recovery of an overpayment of Chapter 33 (Post 9/11 GI Bill) education benefits because collection of the debt would result in undue hardship. In order to determine if repayment of the debt would result in hardship to the Veteran, it is necessary that VA have information on the Veteran’s financial status during the pertinent years. In light of the changes in the Veteran’s financial status discussed above, and as there are no recent reports as to his financial status, the Board is unable to determine whether collection of the debt would result in undue hardship to the Veteran. Accordingly, the Board finds that a remand is necessary in order to obtain more current information as to the Veteran’s financial status. The matter is REMANDED for the following action: Obtain from the Veteran a current Financial Status Report, dated since August 2013, listing all monthly income, monthly expenses, assets and debts, for him and his dependents, for the period of the overpayment. Any supporting documentation should be requested from the Veteran as deemed appropriate. Once obtained, all documentation must be associated with the claims file. STEVEN D. REISS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD S. D. Regan, Counsel