Citation Nr: A21017379 Decision Date: 10/27/21 Archive Date: 10/27/21 DOCKET NO. 190809-27378 DATE: October 27, 2021 ORDER The request for a waiver of an overpayment of Department of Veterans Affairs (VA) compensation benefits in the amount of $10,284.81 was not timely filed; the appeal is denied. FINDINGS OF FACT 1. In an August 2018 letter, the Veteran was notified that the VA Agency of Original Jurisdiction (AOJ) had removed R. as his spouse from his award of compensation benefits effective September 21, 2001; this action resulted in an overpayment. 2. In an August 2018 letter, the Veteran was notified that he owed a debt of $10,284.81; the letter stated that the Veteran could request a waiver of the recovery of the debt within 180 days. 3. In March 2019 correspondence, the Veteran requested a waiver of the recovery of the debt which was more than 180 days after the notice of the debt. 4. There was no delay in the Veteran's receipt of the notification of indebtedness as a result of VA or postal authority error, or due to other circumstances beyond the Veteran's control. CONCLUSION OF LAW The Veteran did not apply for a waiver of recovery of overpayment of VA benefits in the amount of $10,284.81 in a timely manner. 38 U.S.C. § 5302 (a); 38 C.F.R. § 1.963 (b)(2). REASONS AND BASES FOR FINDINGS AND CONCLUSION 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 an August 2018 letter, the Veteran was notified that the AOJ had removed R. as his spouse from his award of compensation benefits effective September 21, 2001; this action resulted in an overpayment. In an August 2018 letter, the Veteran was notified that he owed a debt of $10,284.81. The letter stated that the Veteran could request a waiver of the recovery of the debt within 180 days. In March 2019, correspondence was received from the Veteran which was dated March 12, 2019, received on March 13, 2019, in which the Veteran requested a waiver of the recovery of the debt. This document was a Financial Status Report upon which the Veteran indicated that he was seeking a waiver of the debt. However, this request was received more than 180 days after the notice of the debt. A copy of the Veteran's request has been associated with the record. Otherwise, there is no communication from the Veteran. The request for a waiver was denied since the March 2019 request was not received with 180 days of the August 2018 notification letter. The Veteran has not presented any specific assertions in this case including regarding the AOJ's statement that his waiver request was not received until March 2019. Because there is no evidence in the record establishing that there was a delay in the Veteran's receipt of the notification of indebtedness a result of an error by either VA or the postal authorities, or due to other circumstances beyond the Veteran's control, the Board concludes that the Veteran did not timely request a waiver of recovery of an overpayment of VA benefits. S. L. Kennedy Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Connolly, 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.