Citation Nr: 21073201 Decision Date: 12/07/21 Archive Date: 12/07/21 DOCKET NO. 14-13 546 DATE: December 7, 2021 REMANDED Entitlement to waiver of recovery of an overpayment of additional compensation for a dependent spouse is remanded. REASONS FOR REMAND In January 2018, the Board of Veterans' Appeals (Board) remanded this case for additional development; however, all of the directives were not completed and additional action is necessary prior to appellate review. In the Board's prior remand, it was noted that the Veteran was seeking a waiver of the recovery of an overpayment that was created when his former wife, A.M., was retroactively removed from his compensation award. It was noted that A.M. was initially removed effective November 1, 2004. The retroactive removal resulted in the creation of a debt of $11,200.07. In November 2013, the Committee on Waivers and Compromises (Committee) denied the Veteran's request for a waiver of recovery of the overpayment in the amount of $11,200.07. However, when the Veteran then provided information of his divorce from A.G. which reflected that they had divorced in June 2012, the Regional Office, via an administrative decision, dated in January 2016, reinstated her to his award until July 1, 2012, the first day of the month after the divorce. As noted, the earlier retroactive removal resulted in the creation of a debt of $11,200.07, but there is no record of a decrease in that amount to reflect the action of the RO. At his Board hearing, it was evident that the Veteran was unaware of any financial adjustment based on A.G. being added back to his award until July 1, 2012. It appears from the record that an audit had been requested, but was not performed. Following a Board hearing before the undersigned, the Board previously remanded this case for the Veteran to be contacted with an explanation of the RO's January 2016 administrative decision, and for him to be requested to state whether he desires to continue his appeal. In this regard, the Board noted that the Veteran should be notified that the issue of whether the RO improperly discontinued benefits for his stepson (A.) is not within the scope of the certified issue on appeal, and that it was been referred to the RO for appropriate action. The Board further noted that the RO's January 2016 administrative decision did not discuss the remaining amount of the overpayment following its partial grant of the Veteran's waiver request, nor is there any other documentation or discussion of record upon which the Board may base any decision on any remaining amount of overpayment. Accordingly, the Board indicated that if the Veteran desires to continue his appeal, the RO should issue the Veteran and his representative a supplemental statement of the case (SSOC) that specifically discusses the remaining amount of the overpayment in issue, how this amount was arrived at, and the basis for the denial of his request for waiver of overpayment with express consideration of the provisions of 38 C.F.R. §§ 1.962, 1.963, and 1.965(a), and each element of the of equity and good conscience standard. On remand, the RO sent the Veteran the requisite information and issued an SSOC which addressed the propriety of the removal of A.M. in 2004 which was found to be not proper, with the July 1, 2012 date as being the proper date. The remaining amount of the debt was not indicated. The removal of a dependent son, A., was also addressed. The case was not referred back to the Committee for consideration of a waiver of the reduced debt to include consideration of the provisions of 38 C.F.R. §§ 1.962, 1.963, and 1.965(a), and each element of the of equity and good conscience standard. Accordingly, the case must again be remanded since the Veteran did not affirmatively withdraw his claim. The matters are REMANDED for the following action: 1. Perform a paid and due audit due to the retroactive removal of a dependent spouse, A.M. The audit should clearly show the amount of the debt remaining after the date of removal was changed from November 1, 2004 to July 1, 2012. 2. The Veteran should be provided an opportunity to submit a complete and current financial status report. 3. Refer the case to the Committee for consideration of a waiver of the reduced debt to include consideration of the provisions of 38 C.F.R. §§ 1.962, 1.963, and 1.965(a), and each element of the of equity and good conscience standard. If the remainder of the debt is not waived in full, issue the Veteran and his representative an SSOC and afford them an opportunity to respond before returning the case to the Board. MATTHEW W. BLACKWELDER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Connolly 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.