Citation Nr: 21039671
Decision Date: 07/01/21	Archive Date: 07/01/21

DOCKET NO. 17-18 601
DATE: July 1, 2021

REMANDED

Entitlement to a waiver of recovery of overpayment of VA compensation benefits in the amount of $35,868.90 is remanded.

REASONS FOR REMAND

The Veteran had active duty from January 2010 to January 2011, May 2013 to September 2013, and from May 2014 to October 2014. The Appellant is the Veteran's spouse. In January 2021, the Appellant testified before the undersigned Veterans Law Judge. A copy of that transcript is of record. In its February 2021 decision, the Board found a request for waiver had been timely filed, then remanded for a merits decision on the question of waiver of the overpayment.

Entitlement to a waiver of recovery of overpayment of VA compensation benefits in the amount of $35,868.90 is remanded.

The Appellant asserts that recovery of the overpayment at issue in this appeal would result in financial hardship. Review of the evidence reflects the most recent Financial Status Report of record is dated September 2015. As this report is over five years old, it may not accurately represent the Appellant's current financial situation, to include the Appellant's February 2021 testimony concerning her finances. As such, remand is for the purpose of obtaining updated financial information from the Appellant before weighing factors of equity and good conscience to decide whether or not a waiver is warranted under 38 C.F.R. § 1.963(a).

The waiver of overpayment issue is REMANDED for the following action:

1. Ask the Appellant to complete and submit an updated Financial Status Report(s) covering the period from September 2015 to the present.

2. Readjudicate the issue of whether a waiver of overpayment is warranted in this case in accord with the principles of equity and good conscience.  38 C.F.R. § 1.963(a) 

 

J. PARKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	N. Peden

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.