38 C.F.R. § 1.956

Jurisdiction

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(a) The regional office Committees are authorized, except as to determinations under § 2.6(e)(4)(i) of this chapter where applicable, to consider and determine as limited in §§ 1.955 et seq., settlement, compromise and/or waiver concerning the following debts and overpayments:

(1) Arising out of operations of the Veterans Benefits Administration:

(i) Overpayment or erroneous payments of pension, compensation, dependency and indemnity compensation, burial allowances, plot allowance, subsistence allowance, education (includes debts from work study and education loan defaults as well as from other overpayments of educational assistance benefits) or insurance benefits, clothing allowance and automobile or other conveyance and adaptive equipment allowances.

(ii) Debts arising out of the loan program under 38 U.S.C. ch. 37 after liquidation of security, if any.

(iii) Such other debts as may be specifically designated by the Under Secretary for Benefits.

(2) Arising out of operations of the Veterans Health Services and Research Administration:

(i) Debts resulting from services furnished in error (§ 17.101(a) of this chapter).

(ii) Debts resulting from services furnished in a medical emergency (§ 17.101(b) of this chapter).

(iii) Other claims arising in connection with transactions of the Veterans Health Administration (§ 17.103(c) of this chapter).

(iv) The Chief Financial Officer of the Consolidated Patient Account Center is authorized to waive veterans' debts arising from medical care copayments (§ 17.105(c) of this chapter).

(3) Claims for erroneous payments of pay and allowances, and erroneous payments of travel, transportation, and relocation expenses and allowances, made to or on behalf of employees (5 U.S.C. 5584).

(b) The Under Secretary for Benefits may, at his or her discretion, assume original jurisdiction and establish an ad hoc Board to determine a particular issue arising within this section.

(Authority: 38 U.S.C. 501) [39 FR 26400, July 19, 1974, as amended at 44 FR 59905, Oct. 17, 1979; 60 FR 53276, Oct. 13, 1995; 69 FR 62201, Oct. 25, 2004; 80 FR 23241, Apr. 27, 2015]

Notes of Decisions

Cited in 6 cases, 1991–2020 · leading case: Smith v. Derwinski, 1 Vet. App. 267 (Vet. App. 1991).

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Smith v. Derwinski, 1 Vet. App. 267 (Vet. App. 1991). “” 38 C.F.R. § 1.956 (a)(1)(h) (1990). Since the Committees operate in a manner and under authority wholly distinct from that governing ordinary benefits decisions, the authority with respect to the appeal of Committee action is also distinct.”

12-04 761 (Board of Vet. App. 2014). · cites it 2× “§§ 5107 , 5313 (West 2014); 38 C.F.R. § 1.956 , 3.665 (2014). 2. The criteria are not met for waiver of recovery for the overpayment of VA compensation benefits.”

191127-45838 (Board of Vet. App. 2020). “38 C.F.R. § 1.956 (a). VA generally is required to recover erroneous VA payments or overpayment of benefits.”

190918-31480 (Board of Vet. App. 2020). “See 38 C.F.R. § 1.956 (a). In order for the Board to determine whether the overpayment was created properly, it must be established that the Veteran was not entitled legally to the benefits in question, and if there was no legal entitlement, it must then be shown that VA was not…”

13-33 804 (Board of Vet. App. 2015). “§ 5302 (West 2002); 38 C.F.R. §§ 1.956 , 1.962, 1.963, 1.965 (2014).”

08-30 726 (Board of Vet. App. 2010). “38 C.F.R. § 1.956 (a). "Compensation" means a monthly payment made by VA to a Veteran because of service-connected disability, or to a surviving spouse, child, or parent of a Veteran because of the service-connected death of the Veteran.”

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