Citation Nr: 20021919 Decision Date: 03/27/20 Archive Date: 03/27/20 DOCKET NO. 18-16 510 DATE: March 27, 2020 ORDER The request for a waiver of an overpayment of Department of Veterans Affairs (VA) additional compensation benefits for a dependent in the calculated amount of $10,499.55 was timely filed; to this extent only, the appeal is granted. REMANDED The issue of a waiver of an overpayment of VA additional compensation benefits for a dependent in the calculated amount of $10,499.55 is remanded. FINDINGS OF FACT 1. In a February 2017 letter, a VA Regional Office (RO) indicated that the Veteran’s VA compensation benefits were being retroactively reduced to remove his former spouse N. from his award from September 1, 2008. 2. In a March 2017 letter, the RO indicated that the Veteran’s VA compensation benefits were being adjusted to add his current spouse M. to his award from December 1, 2014. 3. In March 2017, the Veteran was notified of the amount of a debt, $10,499.55, and was told he had 180 days to request a waiver of the recovery of this debt. 4. The Veteran requested a waiver of the recovery of the debt within 180 days after the VA notification. CONCLUSION OF LAW The Veteran request for a waiver of recovery of overpayment of VA additional compensation benefits for a dependent in the amount of $10,499.55 was timely filed. 38 U.S.C. § 5302 (a); 38 C.F.R. § 1.963 (b)(2). REASONS AND BASES FOR FINDINGS AND CONCLUSION Timeliness of the Waiver Request Under applicable criteria, a request for waiver of an indebtedness shall only be considered if made within 180 days following the date of a notice of indebtedness to the debtor. The 180-day period may be extended if the individual requesting waiver demonstrates, as a result of error by either the 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. If the debtor does substantiate there was such a delay in the receipt of the notice of indebtedness, the 180-day period shall be computed from the date of the debtor’s actual receipt of the notice of indebtedness. 38 U.S.C. § 5302(a); 38 C.F.R. § 1.963(b)(2). In a February 2017 letter, the RO indicated that the Veteran’s VA compensation benefits were being retroactively reduced to remove his former spouse N. from his award from September 1, 2008. In a March 2017 letter, the RO indicated that the Veteran’s VA compensation benefits were being adjusted to add his current spouse M. to his award from December 1, 2014. The adjustments to the Veteran’s compensation award resulted in the cretion of a debt of $10,499.55. In March 2017, the Veteran was notified of the amount of the debt, $10,499.55, and was told he had 180 days to request a waiver of the recovery of this debt. Thereafter, the Veteran submitted correspondence within 180 days of that notice which addressed the issue of the validity of the debt; however, the Board of Veterans’ Appeals (Board) finds that in liberally considering all aspects advanced in the various correspondence includes arguments for a waiver particularly those addressing that he was married for part of the debt period. Thus, the Board finds that the Veteran timely requested a waiver of the recovery of the debt within 180 days after the VA notification REASONS FOR REMAND Waiver of the Recovery of the Debt is remanded. Due to the Board’s grant, the issue of waiver of recovery of an overpayment of VA compensation benefits in the amount of $10,499.55 must now be adjudicated by the RO. The matters are REMANDED for the following action: 1. Obtain a complete and current financial status report from the Veteran. 2. Adjudicate the issue of waiver of recovery of an overpayment of VA additional compensation benefits for a dependent in the amount of $10,499.55, undertaking (Continued on next page) such development as is necessary in order to adjudicate the issue. James L. March Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Department of Veterans Affairs 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.