Citation Nr: 20006008
Decision Date: 01/24/20	Archive Date: 01/23/20

DOCKET NO. 16-53 390
DATE: January 24, 2020

REMANDED

Entitlement to a waiver of recovery of an overpayment of nonservice-connected pension benefits in the amount of $16,189.50 is remanded.

REASONS FOR REMAND

The Veteran had active service in the Air Force from May 1970 to April 1972.

1. Entitlement to a waiver of recovery of an overpayment of nonservice-connected pension benefits in the amount of $16,189.50 is remanded.

The record indicates that the Veteran was notified in a letter dated October 2, 2014, of his overpayment debt and time limit for filing a request to waive that debt.  The record also indicates that the Veteran filed a request to waive this debt, which VA received on February 11, 2016.  Neither of these documents is in the claim file.  A remand is necessary to obtain this essential evidence.

The matters are REMANDED for the following action:

1. Obtain the Veteran’s federal records relating to his nonservice-connected pension.  Document all requests for information as well as all responses in the claims file.  The specific records being sought include, but are not limited to:

(a.) VA Letter of October 2014 notifying Veteran of the overpayment debt of $16,189.50 and his related rights, including the right to request waiver of this debt within 180 days.

(b.) Veteran’s Letter of February 2016 requesting waiver of overpayment debt. 

2. Readjudicate the Veteran’s claim.

 

 

L. M. BARNARD

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Zimmerman

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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.