Citation Nr: 21068206
Decision Date: 11/09/21	Archive Date: 11/09/21

DOCKET NO. 18-15 553
DATE: November 9, 2021

REMANDED

Entitlement to waiver of recovery of an overpayment of Department of Veterans Affairs (VA) compensation benefits in the amount of $100,911.32 is remanded.

REASONS FOR REMAND

Although the Board regrets the additional delay, a remand is necessary to ensure that due process is followed and that there is a complete record upon which to decide the Appellant's claims so that he is afforded every possible consideration. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159.

In this case, the most recent Financial Status Report (FSR) submitted by the Veteran is dated October 2016.  However, the Veteran's statements and a review of the evidentiary record indicates that the financial information supplied in October 2016 is incomplete.  Specifically, in the December 2016 Notice of Disagreement, the Veteran reported that the October 2016 FSR is incomplete as it does not reflect increased utility and home maintenance costs.  Further, at the July 2021 Board hearing, the Veteran testified that he no longer lives with his mother as reflected in the housing costs reported on the October 2016 FSR. He also testified that he is receiving Social Security disability benefits, but did not report the amount, and that he has a car loan with payments of $650 per month.  Neither the Social Security benefit payment nor the car loan payment are reflected in the FSR.  At the hearing, the Veteran's nephew asserted that he paid $60,000 to renovate the home he lived in with his mother.  The Veteran asserts that he has taken out loans to finance these renovations, although October 2016 FSR does not reflect loans in the amount claimed at the July 2021 hearing.

In light of the above, the Board finds that the Veteran should be afforded the opportunity to submit another financial status report.

The matters are REMANDED for the following action:

Obtain a complete and current VA Form 5655, Financial Status Report from the Veteran.  He may also submit any pertinent financial information that shows hardship. 

 

 

Eric S. Leboff

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Bynum, Associate 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.