Citation Nr: 19168167
Decision Date: 09/04/19	Archive Date: 09/04/19

DOCKET NO. 15-11 939
DATE: September 4, 2019

REMANDED

Entitlement to waiver of recovery of an overpayment of non-service-connected pension benefits in the amount of $45,647 is remanded.

REASONS FOR REMAND

The Veteran had active service from April 1973 to October 1975.

This case comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In his February 2015 VA Form 9, the Veteran requested a hearing before the Board at a local VA office.  In March 2019, he withdrew his request.

Entitlement to waiver of recovery of an overpayment of non-service-connected pension benefits in the amount of $45,647 is remanded.

The Veteran seeks waiver of recovery of an overpayment of non-service-connected pension benefits in the amount of $45,647.  In his VA Form 9, he reported that the overpayment was calculated based on his receipt of benefits from the Social Security Administration (SSA); however, he argues that at the time he applied for VA pension in November 2007, SSA benefits had not been awarded.  He indicated that SSA had denied benefits and that he appealed the decision.  He stated that SSA did not grant benefits until late 2010, at which time SSA issued a lump sum, including back payment of benefits.  The Veteran argues that he should not be penalized for the SSA income, to include back payments.  The Board observes that records from the SSA have not been obtained.  On remand, attempts must be made to obtain these records for review. 

The Veteran also contends that he is entitled to waiver of recovery of overpayment of benefits because collection of the debt would result in undue hardship.  To determine if repayment of the debt would result in hardship to the Veteran, it is necessary that VA have detailed and complete information on the Veteran’s financial status.  The Board notes that a VA Form 5655, Financial Status Report, has not been received since December 2012.  On remand, the Veteran should be asked to complete an updated Financial Status Report so that the Board can determine whether collection of the debt would result in undue hardship. 

The matters are REMANDED for the following actions:

1. Ask the Veteran to complete a VA Form 5655, Financial Status Report, with a detailed accounting of all of his average monthly income, expenses, and his assets.  He may also submit any pertinent financial information that shows hardship.

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2. Obtain the Veteran’s federal records from the Social Security Administration.  Document all requests for information as well as all responses in the claims file.

3. Then, readjudicate the Veteran’s claim on appeal.  If the benefit sought on appeal remains denied, provide the Veteran and his representative a supplemental statement of the case and allow an appropriate period for response.

 

 

L. CHU

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. G. Alderman, Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.