Citation Nr: 21023128
Decision Date: 04/20/21	Archive Date: 04/20/21

DOCKET NO. 15-26 635
DATE: April 20, 2021

REMAND

Waiver of an overpayment of Dependents’ Educational Assistance (DEA) benefits under 38 U.S.C., Chapter 35, in the calculated amount of $4,575.10.

 

REASONS FOR REMAND

The Veteran served on active duty from March 1991 to May 1993, and from December 2002 to September 2003.  The appellant is the Veteran’s son. 

The case is on appeal from a January 2015 decision of the Committee on Waivers and Compromises (COWC), which determined that a request for a waiver of indebtedness was not timely received for which consideration of a request of a waiver of indebtedness on the merits was not warranted.  

In a December 2020 decision, the Board found that the request for a waiver of an overpayment in the amount of $4,575.10 was timely received.  Accordingly, the Board remanded the claim to the COWC for adjudication in the first instance of the waiver issue on the merits.  

1. A waiver of indebtedness in the amount of $4,575.10.

Pursuant to the Board’s December 2020 remand, the COWC issued a December Decision on Waiver of Indebtedness and denied the appellants request for a waiver in the amount of $4,575.10.  The COWC not only indicated that the debt has been collected, but that that it would not be against the standard of equity and good conscience to collect this debt.  Accordingly, in March 2021, the case was recertified to the Board for further appellate consideration.  Nevertheless, in a subsequent March 2021 letter, the Debt Management Center (DMC) notified the appellant that his “request for waiver of his Chapter 35 education benefits has been approved” by the COWC and that “the granting of a waiver is forgiving the indebtedness.”  The letter, however, did not indicate a calculated amount of the debt being waived.  

In light of the above, the Board finds that a remand is warranted for the COWC to clarify as to whether the March 31, 2021 DMC letter corresponds to the overpayment in the amount of $4,575.10 for DEA benefits currently on appeal.  

The matter is REMANDED for the following action:

The education claims file should be returned to the COWC, accompanied by the March 2021 DMC letter, for clarification as to whether the appellant’s request for a waiver of recovery of an overpayment of DEA benefits in the calculated amount of $4,575.10 has been either waived or collected.

 

 

RYAN T. KESSEL

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Pagan-Diaz, William

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.