Citation Nr: 21031131
Decision Date: 05/20/21	Archive Date: 05/20/21

DOCKET NO. 15-20 497
DATE: May 20, 2021

REMANDED

Entitlement to a waiver of an overpayment of Department of Veterans Affairs (VA) disability compensation benefits in the amount of $2,997.85 is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 1979 to April 2005.  This matter comes before the Board of Veterans Appeals (Board) on appeal from a May 2014 notification letter from the Department of Veterans Affairs (VA) Regional Office (RO), informing the Veteran that his former spouse had been removed from his award, resulting in an overpayment.  

The appeal was before the Board in March 2019, when the Board found that the overpayment was proper.  The Veteran appealed the Board's denial to the United States Court of Appeals for Veterans Claims (Court).  In a Memorandum Decision dated September 2020, the Court set aside the Board's March 2019 decision and remanded the matter back to the Board to address whether the Veteran had requested a waiver.

The Board notes the Veteran reported he was the sole provider for his former spouse and child, and his representative's March 2019 brief stated he "should be granted the benefit of the doubt and forgiven [the] debt."  The Board finds these statements constitute a request for a waiver.  The Committee on Waivers and Compromises (COWC) has not addressed the issue of a waiver; this action should be completed on remand.

The matter is REMANDED for the following action:

Refer the Veteran's request for a waiver of recovery of the overpayment to the COWC for adjudication.

 

 

Nathaniel J. Doan

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Dean, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.