Citation Nr: 21011737 Decision Date: 03/02/21 Archive Date: 03/02/21 DOCKET NO. 18-06 792 DATE: March 2, 2021 REMANDED Entitlement to waiver of recovery of an overpayment (or debt) of VA pension benefits in the amount of $44,431.01 is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1969 to April 1972. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a February 2017 determination issued by the Debt Management Center of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Paul, Minnesota. The Portland, Oregon, RO has jurisdiction of the current appeal. In December 2020, the Veteran and spouse testified at a Board virtual hearing before the undersigned Veterans Law Judge. A transcript of that hearing has been associated with the record. Entitlement to waiver of recovery of an overpayment of VA pension benefits is remanded. The February 2017 determination letter notified the Veteran of the creation of an overpayment of VA pension benefits in the amount of $44,431.01 based on previously unreported Social Security Administration (SSA) income received by the Veteran and spouse. See also February 21, 2017 VA notification letter. A September 2017 VA Form 21-0958 shows that the Veteran expressed disagreement with the nature and amount of overpayment (or debt). In a November 2017 VA Form 21-4138, the Veteran asserted that he has incurred significant and overwhelming medical expenses and provided evidence of such expenses. Such language pertaining to medical expenses is only relevant to an equity based waiver of debt analysis, rather than validity of the debt. Considering the language and context, and liberally construing the statements in the the September 2017 VA Form 21-0958 and the November 2017 VA Form 21-4138, the Board finds that the Veteran requested a waiver of the overpayment due to assertions of financial hardship. To date, the record does not show that the Committee on Waivers and Compromises has adjudicated the Veteran’s waiver request. Accordingly, the Board finds that a remand is required in order to obtain such adjudication. The matters are REMANDED for the following action: 1. Refer the request for a waiver of overpayment of VA Pension benefits in the amount of $44,431.01 to the Committee on Waivers and Compromises. (Continued on the next page)   2. After undertaking any other development deemed necessary, readjudicate the issue on appeal. If the waiver of overpayment sought on appeal is not granted, issue a supplemental statement of the case and provide the Veteran and representative with an appropriate opportunity to respond. The case should then be returned to the Board for further appellate consideration. J. PARKER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Ragheb, 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.