Citation Nr: 21012929
Decision Date: 03/08/21	Archive Date: 03/08/21

DOCKET NO. 19-07 703
DATE: March 8, 2021

REMANDED

The issue of whether the overpayment of Department of Veterans Affair (VA) compensation benefits in the calculated amount of $9,069.02 based on the retroactive removal of a spouse effective May 1, 2013 and addition of a subsequent spouse effective September 29, 2017 was proper, is remanded.

REASONS FOR REMAND

The law provides for the rates of disability compensation, and for payment of additional compensation for dependents of veterans who are at least 30 percent disabled. 38 U.S.C. §§ 1114 (c), 1115, 1134, 1135.  The Veteran was, at all times relevant to this issue and the period of time in question, rated appropriately to receive additional compensation for a spouse. 

The Veteran divorced E. in April 2013.  He married J. in February 2014.  On September 29, 2017, he notified the Agency of Original Jurisdiction (AOJ) of the changes in his marital status.  The AOJ then removed E. from his award as of May 1, 2013 and added J. to his award from September 29, 2017.  The adjustments by the AOJ resulted in an overpayment of $ 9,069.02.  The Veteran stated that he was ot disputing the removal of E. from his award, but he was disputing the effective date for the addition of J. to his award and, therefore, his overpayment should be less.  His representative has asserted that there was sole VA error.  The AOJ only considered the matter of whether E. was properly removed from the award and addressed only that matter in the statement of the case.  Thus, the Veteran has not been afforded due process.  

The matters are REMANDED for the following action:

Adjudicate the matter of whether the addition of a spouse, J., to the award of VA compensation benefits effective September 29, 2017 was proper, rather than the date of marriage in February 2014, to include the raised matter of sole administrative error.  If the claim continues to be denied, including on this basis, issue the Veteran and his representative an appropriate supplemental statement of the case (SSOC) which addresses the matter being appealed.

 

 

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.