Citation Nr: 20011902 Decision Date: 02/12/20 Archive Date: 02/12/20 DOCKET NO. 19-26 145 DATE: February 12, 2020 ORDER The Veteran’s request for a waiver of recovery of an overpayment in the amount of $60,913.00, was not timely filed. FINDINGS OF FACT 1. On May 18, 2018, the Debt Management Center (DMC) issued a letter notifying the Veteran of an overpayment of pension benefits in the amount of $60,913.00 and of his right to request a waiver of the debt within 180 days. This letter was sent to his address of record and was not returned as undeliverable. 2. The Veteran’s request for a waiver of overpayment was received in November 26, 2018, which was more than 180 days after the May 18, 2018 DMC notification of indebtedness. 3. The Veteran has not demonstrated that as a result of either VA or the postal authority’s error, or due to the other circumstances beyond the Veteran’s control, there was a delay in the receipt of notification of indebtedness beyond the time customarily required for mailing (including forwarding). CONCLUSION OF LAW As the November 26, 2018 request for a waiver of overpayment was not timely filed, VA may not address the merits of the waiver request. 38 U.S.C. § 5302(a); 38 C.F.R. §§ 1.911, 1.963. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from October 1973 to June 1974. A request for waiver of a debt, other than for loan guaranty, shall only be considered if made within 180 days following the date of a notice of the indebtedness to the debtor. The 180-day period may be extended if the individual requesting waiver demonstrated to the Chairperson of the Committee that, because of an error by either 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, including forwarding. If the requester does substantiate that there was such a delay in the receipt of the notice of indebtedness, the Chairperson shall direct that the 180-day period be computed from the date of the requester’s actual receipt of the notice of indebtedness. See 38 C.F.R. § 1.963(b); see also 38 U.S.C. § 5302(a). In January 2018, the Veteran was informed that he was in receipt of pension benefits that were not adjusted based upon additional income from the Social Security Administration (SSA). VA proposed to stop the Veteran’s benefits. In May 2018, VA terminated the Veteran’s pension benefits effective August 1, 2013. The Veteran’s overpayment debt is due to the retroactive adjustment of his pension benefits. On May 18, 2018, DMC mailed the Veteran a letter assessing a $60,913.00 debt. The letter informed the Veteran of his right to request a waiver of recovery of the overpayment. On November 26, 2018, the Veteran requested a waiver of overpayment. In January 2019, his waiver request was denied because he failed to submit the waiver within 180 days of the May 18, 2018 DMC letter. The Board notes that the Veteran has not asserted that he did not receive the DMC letter. Instead, in his April 2019 Notice of Disagreement and August 2019 Correspondence, the Veteran stated that he submitted his waiver application and supporting documents to the Military Assistance Project (MAP) program. He thought that MAP would have addressed his waiver issue. However, it was not until he received a letter from VA informing him that he had not responded to VA’s correspondence that he realized that his documentation for a waiver request had not been submitted. He called in November 2018 and was informed that the documents for his waiver had not been submitted. He immediately requested a waiver. The Board finds that the Veteran’s request for waiver was not submitted within 180 days following the DMC notice. Additionally, the record includes no document filed by the Veteran or his representative that constitutes a timely-filed request for waiver of overpayment, or any document referencing a request for an extension of the period for filing such a waiver request. Accordingly, there is no basis for extending the time limit for receipt of the Veteran’s waiver request beyond the additional 180 days following the May 18, 2018 notice of indebtedness. 38 C.F.R. § 1.963(b). Therefore, the Board concludes that the request for waiver of overpayment, filed on November 26, 2018, was not timely; therefore, VA is constrained from considering the merits of the Veteran’s waiver request and the claim is denied. MICHAEL LANE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Moore 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.