Citation Nr: 21021989 Decision Date: 04/14/21 Archive Date: 04/14/21 DOCKET NO. 19-07 387 DATE: April 14, 2021 ORDER The request for a waiver of recovery of an overpayment in the amount of $1,540.20 for Vocational Rehabilitation and Employment (VR&E) benefits was not timely filed; to that extent, the appeal is denied. FINDINGS OF FACT 1. On December 21, 2017, VA notified the Veteran that his training had decreased, which created an overpayment in the amount of $1,540.20. 2. VA received the Veteran’s request for a waiver of overpayment on August 7, 2018, which was more than 180 days after the December 21, 2017 debt notification letter. 3. The Veteran has not demonstrated that as a result of an error by either VA or the postal authorities, or due to other circumstances beyond the Veteran's control, there was a delay in the receipt of notification of indebtedness beyond the time customarily required for mailing (including forwarding). CONCLUSION OF LAW The request for a waiver of recovery of an overpayment in the amount of $1,540.20 for Vocational Rehabilitation and Employment (VR&E) benefits was not timely filed; to that extent, the appeal is denied. 38 U.S.C. § 5302; 38 C.F.R. § 1.963. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty in the U.S. Army from March 2004 to December 2011. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2017 decision by the Committee on Waivers and Compromises (COWC) at the Department of Veterans Affairs (VA) Regional Office (RO), which found that the Veteran’s request for a waiver of recovery of an overpayment was not timely filed. The Veteran appealed that decision. In October 2019, the Board remanded the issue on appeal for additional development. As the actions specified in the remand have been substantially completed, the matter has been properly returned to the Board for appellate consideration. See Stegall v. West, 11 Vet. App. 268 (1998); D’Aries v. Peake, 22 Vet. App. 97, 105 (2008). Duties to Notify and Assist VA's duties to notify and assist (commonly referred to as "VCAA") do not apply where validity of the debt and waiver of overpayment are at issue. See Barger v. Principi, 16 Vet. App. 132 (2002). Otherwise, the Board finds that the Veteran has been afforded full due process in this matter. A debtor has the right to notification of the debts, the specific reasons for the debt, and his rights and remedies. See 38 C.F.R. § 1.911(d). His appeal rights consist of the right to informally dispute the existence or amount of a debt, to request waiver of collection of the debt, to a hearing on the waiver request, and to appeal the VA decision underlying the debt. 38 C.F.R. § 1.911(c). Here, the Veteran has been notified of all of these rights and has been given a meaningful opportunity to exercise them. Thus, the Board finds that the underlying due process requirements have been satisfied and it will proceed to issue its decision. Analysis 1. Whether the request for a waiver of recovery of an overpayment in the amount of $1,540.20 for VR&E benefits was timely filed The Veteran is seeking a waiver of his debt. He asserts that he is a single father with dependent children, that he is unemployed, because of his service-connected disabilities, and that he lives check to check. Under applicable criteria, a request for waiver of an indebtedness shall only be considered if made within 180 days following the date of a notice of indebtedness to the debtor. The 180-day period may be extended if the individual requesting waiver demonstrates, as a result of error by either the VA or the postal authorities, or due to other circumstances beyond the debtor's control, there was a delay in such individual's receipt of the notification of indebtedness beyond the time customarily required for mailing. If the debtor does substantiate there was such a delay in the receipt of the notice of indebtedness, the 180-day period shall be computed from the date of the debtor's actual receipt of the notice of indebtedness. 38 U.S.C. § 5302(a); 38 C.F.R. § 1.963(b)(2). In this case, the evidence shows that on December 21, 2017, VA advised the Veteran of the amount of his overpayment, his right to request a waiver of this debt, the 180-day time limit to file the waiver request, and his right to request an oral hearing on his waiver request. In September 2018, the COWC denied the Veteran’s request for waiver of an overpayment in the amount $1,540.20 for VR&E benefits, because the COWC found that he did not file a timely waiver request. The record shows, and the Veteran does not dispute, that VA received the Veteran’s waiver request on August 7, 2018. In denying his waiver request, the COWC informed the Veteran that he had been notified on December 21, 2017 of the indebtedness and his right to request a waiver within the 180-day time limit. A December 2017 VA notification letter shows that the Veteran was mailed notice of the overpayment in the amount of $1,540.20. There is no indication that the December 2017 letter was returned as undeliverable, or that the Veteran’s address had changed at that time. Notably, the August 2018 waiver request provided the same address that was used by VA to send the December 2017 letter. Consequently, based on the Veteran's responsibility to keep VA informed of his updated address, a delay in receipt of the notification of indebtedness due to an error by either VA or the postal authorities, or due to other circumstances beyond the Veteran's control, is not established. Accordingly, there is no basis for extending the time limit for receipt of the Veteran's waiver request beyond the additional 180 days following the December 21, 2017 notice of indebtedness. 38 C.F.R. § 1.963(b). The Board is sympathetic to the Veteran’s contentions that he was unable to repay the debt due to his financial difficulties, and therefore, he was requesting a waiver of that debt. However, the Veteran’s request for a waiver of an overpayment was received on August 7, 2018, which was more than 180 days after the December 21, 2017 letter. A review of the claims file shows no documents which could be construed as a request for waiver prior to that time. Under these circumstances, the Board finds that the Veteran's request for a waiver of recovery of an overpayment was not timely filed; and therefore, the claim is denied. 38 U.S.C. § 5302(a); 38 C.F.R. § 1.963(b). LESLEY A. REIN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Journet Shaw, 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.