Citation Nr: A21017464
Decision Date: 10/28/21	Archive Date: 10/28/21

DOCKET NO. 200519-151806
DATE: October 28, 2021

REMANDED

Entitlement to waiver of VA education overpayment is remanded. 

INTRODUCTION

The Veteran had active duty from March 2013 to July 2016. 

In May 2020, the Veteran submitted a VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement) (NOD), wherein he elected the Direct Review option. 

REASONS FOR REMAND

Pursuant to 38 C.F.R. § 20.802, unless an issue on appeal can be granted in full, the Board shall remand the appeal to the agency of original jurisdiction for correction of an error on the part of the agency of original jurisdiction to satisfy its duties under 38 U.S.C. § 5103A, if the error occurred prior to the date of the agency of original jurisdiction decision on appeal.  The Board may remand for correction of any other error by the agency of original jurisdiction in satisfying a regulatory or statutory duty, if correction of the error would have a reasonable possibility of aiding in substantiating the appellant's claim.

Under 38 C.F.R. § 3.159 the Department of Veterans Affairs must provide assistance in developing a veteran's claim.  Such assistance includes obtaining records in the custody of a Federal Department or Agency.  See 38 C.F.R. § 3.159 (c)(1).

The Veteran's electronic claims file is missing significant evidence.  Currently, almost none of the procedural documents including the debt notification letter associated with the overpayment issue are associated with the case.  In addition, the Veteran has requested a waiver or forgiveness of his debt; however, a decision from the Committee on Waivers has also not been incorporated into the record.  As such, there is not sufficient evidence for the Board to determine the amount of the reported debt, whether the debt was properly created, or whether a waiver is appropriate.  Therefore, a remand to obtain the unavailable records is needed.

The matters are REMANDED for the following action:

1.  Attempt to locate and associate with the claims file all missing evidence and documents pertaining to the Veteran's education overpayment including the April 2020 debt notification letter, any decision by the Committee on Waivers and Compromises, and any other documents associated with the education overpayment.

2.  Readjudicate the appeal.

 

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	G. Fraser, 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.