Citation Nr: 21031527 Decision Date: 05/24/21 Archive Date: 05/24/21 DOCKET NO. 16-40 878A DATE: May 24, 2021 ORDER The request for waiver of an overpayment of Department of Veterans Affairs (VA) non-service connected pension benefits in the amount of $73,468.00 was not timely filed; the appeal is denied. FINDINGS OF FACT 1. In an August 2013 letter, the Veteran was notified that he owed a debt of $73,468.00; the letter stated that the Veteran could request a waiver of the recovery of the debt within 180 days. 2. In February 2015, the Veteran requested a waiver of the recovery of the debts. 3. There was no delay in the Veteran's receipt of the notification of indebtedness as a result of VA or postal authority error, or due to other circumstances beyond the debtor's control. CONCLUSION OF LAW The Veteran did not apply for a waiver of recovery of overpayment of VA benefits in the amount of $73,468.00 in a timely manner. 38 U.S.C. § 5302 (a); 38 C.F.R. § 1.963 (b)(2). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran had active service from December 1965 to December 1967. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an February 2015 decision by the Committee on Waivers and Compromises (COWC) of the Department of Veterans Affairs (VA) Regional Office (RO), which denied the Veteran's request for a waiver due to lack of a timely waiver request. This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2019). 38 U.S.C. § 7107(a)(2). Whether the overpayment of Department of Veterans Affairs (VA) benefits in the amount of $73,468.00 was timely filed 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 August 2013, the Veteran was notified that his non-service connected pension benefits were retroactively reduced effective October 2008 and terminated effective December 2009 due to the receipt of retirement income and Social Security benefits for the Veteran and his spouse. In September 2013 the Veteran was notified of an overpayment debt in the amount of $73,486.00, and the Veteran was informed that he could request a waiver of the recovery of the debts in certain circumstances. He was informed that he had 180 days to request a waiver of the recovery of these debts. The Veteran was again notified of the overpayment debt in October 2013 and November 2013. The Veteran requested a waiver of the recovery of the debts in February 2015. The Veteran's request was denied as it was not received within 180 days of any of the notification letters. The request for waiver was received over a year following the notification letter, which is well outside of the 180-day period. The Veteran acknowledges that his waiver request was not timely filed. He asserts that he believed that he was receiving VA compensation benefits, not non-service connected pension benefits, and he did not understand that he was required to report his income or why an overpayment debt was created from his failure to do so. The Board notes that the record includes multiple references to the Veteran's insistence that he was in receipt of service-connected VA compensation. However, the Veteran has not submitted any evidence that tends to show that he was rendered incompetent to handle his affairs or was otherwise unable to understand the communications from VA which clearly demonstrate the grant of non-service connected benefits, the denial of entitlement to service-connected benefits, and the requirement to report his income. Moreover, as noted above, the Veteran ultimately filed the waiver request, albeit late, which indicates that the Veteran received the September 2013 VA notification, and understood the requirement to file the waiver request. Because there is no evidence in the record establishing that there was a delay in the Veteran's receipt of the notifications of indebtedness beyond the 30 days accepted by the Board as a result of an error by either VA or the postal authorities, or due to other circumstances beyond the Veteran's control, the Board concludes that the Veteran did not timely request a waiver of recovery of an overpayment of VA benefits. The appeal is denied. (continued on next page) TANYA SMITH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Bynum, Associate 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.