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Repayment Of Overpayment By Va Due To Va's Mistake
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georgiapapa
A question came to mind while reading another post today where the VA was proposing to reduce a veteran's rating due to an error in the rating decision made by the VA. The VA was proposing to reduce the overall rating from 70% to 50%, a reduction of approximately $500.00 per month or more. If the VA prevails in the reduction, it appears the error made by the VA has resulted in the overpayment of thousands of dollars to the veteran. No mention of fraud by the beneficiary in this case.
QUESTION: In a situation where the VA determines it has overpaid disability compensation to a veteran as a result of an error by the VA and no fault or fraud by the veteran, can the VA require the veteran to repay the overpayment?
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Philip Rogers
If the VA made the error, they generally don't try to recover the loss. In a case where the claimant had the correct rating(by them), originally, he doesn't owe anything, unless they fail to reduce th
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