Citation Nr: 21026689 Decision Date: 05/03/21 Archive Date: 05/03/21 DOCKET NO. 12-19 154 DATE: May 3, 2021 ORDER The Veteran's request for waiver of indebtedness was timely filed; the appeal is granted to this extent only. REMANDED Entitlement to waiver of recovery of an overpayment of Department of Veterans Affairs (VA) education benefits in the amount of $21,157.00 is remanded. FINDING OF FACT After affording the Veteran the benefit of the doubt, the Veteran's request for waiver was received within 180 days of when he first received proper notification of the validity of the debt. CONCLUSION OF LAW The Veteran's request for waiver of overpayment was timely filed. 38 U.S.C. § 5302(a); 38 C.F.R. § 1.963(b). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from August 1972 to April 1975. In July 2015, the Veteran testified before the undersigned Veterans Law Judge (VLJ). A transcript of the hearing is of record. In September 2015, the Board remanded the claim for further development. Timeliness of Request for Waiver on Indebtedness A request for waiver of a debt, other than for loan guaranty, shall only be considered if made within 180 days following the date of a notice of the indebtedness to the debtor. The 180-day period may be extended if the individual requesting waiver demonstrated to the Chairperson of the Committee that, because of an error by either 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, including forwarding. If the requester does substantiate that there was such a delay in the receipt of the notice of indebtedness, the Chairperson shall direct that the 180-day period be computed from the date of the requester's actual receipt of the notice of indebtedness. See 38 C.F.R. § 1.963(b); see also 38 U.S.C. § 5302(a). Analysis The Veteran contends that he should be granted a waiver of the debt that was created due to the retroactive adjustment of his pension benefits. On August 14, 2008, VA reduced the Veteran's pension benefits. The reduction resulted in an overpayment. On August 26, 2008, the Veteran submitted a statement entitled "Hardship Letter to RO-Louisville KY-STE 390." The Veteran requested a waiver on his monthly pension until his hearing was held. He further stated that he had bills that were past due. On August 28, 2008, the Debt Management Center (DMC) assessed a debt of $21,157.00. The letter informed the Veteran of his right to dispute the debt and request a waiver. In January 2012, the Veteran submitted VA Form 5655, Financial Status Report. In February 2012, the Committee on Waivers and Compromises (Committee) denied the Veteran's request. The Committee stated that a veteran's request must be received within 180-days from the date of the notification of the indebtedness. Here, the Veteran's case received the letter of indebtedness in August 2008; however, his waiver request was not received until January 2012. In his February 2012 Notice of Disagreement, the Veteran disagreed with the waiver denial. He stated that he submitted a waiver request in August 2008 and noted that he was experiencing financial hardship. In July 2012, the Veteran stated that in August 2008, he submitted a hardship letter to VA. Based on the Veteran's August 26, 2008 statement and after affording the Veteran the benefit of the doubt, the Board finds that the Veteran's request for a waiver of recovery of the debt was timely filed. Thus, to that extent, the appeal is granted. REASONS FOR REMAND The Board notes that it is the Committee that has jurisdiction over the question of whether waiver of the Veteran's debt is appropriate. In this case, the Board notes that the Committee has not adjudicated the issue on its merits. Therefore, a remand is warranted. The matter is REMANDED for the following action: 1. The Veteran's claims file should be returned to the Committee for adjudication of his request for a waiver of recovery of an overpayment of pension benefits in the amount of $21,157.00 on the merits. 2. If the benefit sought on appeal remains denied, furnish the Veteran and his representative a Supplemental Statement of the Case and allow them an opportunity to respond. K. Parakkal Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Moore 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.