Citation Nr: 21026418
Decision Date: 05/03/21	Archive Date: 05/03/21

DOCKET NO. 18-34 793
DATE: May 3, 2021

REMANDED

Whether the overpayment of Department of Veterans Affairs (VA) apportioned compensation benefits to the Appellant on her behalf and on behalf of the minor children is remanded.

REASONS FOR REMAND

The Appellant was granted an apportionment of the Veteran's VA compensation benefits on her behalf and on behalf of the minor children.  The Veteran appealed that apportionment since he was paying support to the Appellant to include for minor children.  The Veteran prevailed in the appeal so a debt was created due to the retroactive termination of the apportioned monies paid to the Appellant.  

There appear to be two debts, one for the Appellant's own apportionment for $4,400 (which has been waived) and one for the apportionment she received on behalf of the minor children for $4,646.  

At her hearing before the Board of Veterans' Appeals (Board), she indicated that the amount of the debt(s) was $5,771.88.  In addition, in correspondence of record, including a letter received in November 2016, she lists various amounts for the debt(s).  

It is unclear if she was assessed the debts in a combined amount which may have confused her on the amount owed.  Nonetheless, the amounts that the cited do not coordinate with the amounts that she was told that she owed (separately or combined) and she disputes the amounts.  

The Board finds that in order to clarify the debt for her, an audit should be undertaken to set forth the total amounts that she was paid on behalf of her and the minor children.  In addition, any amounts recouped should also be indicated.

The matters are REMANDED for the following action:

Perform a paid and due audit of the apportioned benefits paid to the Appellant on her own behalf and on behalf of the minor children.  Also provide an audit of any amounts already recouped by VA of the debt(s) that were created due to the retroactive termination of the apportionment.

 

 

John J. Crowley

Veterans Law Judge

Board of Veterans' Appeals

J. Connolly, Attorney for the Board	Department of Veterans Affairs

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.