Citation Nr: 18161149
Decision Date: 12/28/18	Archive Date: 12/28/18

DOCKET NO. 15-34 358
DATE:	December 28, 2018

REMANDED

Whether the request for waiver of an overpayment of education benefits in the amount of $2,760.25 was timely filed is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1980 to January 1996.

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a March 2015 determination by the Department of Veterans Affairs (VA) Debt Management Center (DMC).  

The basis of VA’s denial of the Appellant’s request for waiver of an overpayment in education benefits is that he did not timely file a waiver request.  That is, he did not file a waiver of indebtedness within 180 days of being notified by the Debt Management Center (DMC) of the indebtedness.  38 C.F.R. 1.963.  In denying his waiver request, the DMC informed the Appellant that he had been notified on March 13, 2014, of his indebtedness and of his right to request a waiver within 180 days.  The record shows that his waiver request was not received until January 2015.  

The Appellant asserts that he never received the March 2014 letter, and a copy of the letter is not on file.  Moreover, the RO does not mention the March 13, 2014, letter in the September 2015 Statement of the Case (SOC).  See 38 C.F.R. 19.29.  Rather, the SOC informs the Appellant that he was provided with notice of the overpayment in “adverse action” letters dated February 26, 2014, and April 28, 2014.  However, those letters do not inform the Appellant of the amount of the overpayment, nor do they inform the Appellant that he has 180 days to request a waiver.  In fact, the purpose of those letters is to inform the Appellant that his payments had been reduced due to a change in his enrollment status and they provided him with the opportunity to explain the basis of his enrollment change in order to determine if he had a debt and the amount of such debt.  He was given 30 days to reply to the letters. 

In light of the above and in order to make a fully informed decision regarding whether the Appellant was provided with adequate notice of his rights to dispute his debt and/or request a waiver, an attempt must be made to obtain a copy of the March 13, 2014, DMC notice letter.   

The matter is REMANDED for the following action:

1. Undertake appropriate development to obtain any outstanding records pertinent to the Appellant’s claim, to specifically include a copy of the March 13, 2014, notice from the DMC of the overpayment of education benefits in the amount of $2,760.25, and of his right to request a waiver within 180 days.

2. Thereafter, readjudicate the issue on appeal.  If the benefit sought on appeal is not granted to the Appellant’s satisfaction, the Appellant and his representative should be furnished an appropriate SSOC and be afforded an 

 

opportunity to respond.  Thereafter, the case should be returned to the Board, for further appellate action.

 

Kristin Haddock 

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	A. Shawkey, Counsel