The VA originally had me at 10% for hypothyroidism (SC) since I retired in 1988. After it became Agent Orange presumptive a few years ago, I filed an appeal and received 30%. However, I continued receiving 30% after the six month period, and now the VA wants to cut me back to 10% on hypothyroidism. They admit to CUE on their part. Will I have to pay them back for the additional twenty percent beyond six months since the error was on their part?
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VI.i.2.B.3.a. Definition: Administrative Error: An administrative error occurs when VA pays benefits to a beneficiary in an amount that exceeds their entitlement due to actions VA took that usually, but not always, stem from misapplication of the law.
Administrative errors include errors in judgment on the part of VA employees.
If the VA overpays a Veteran by committing an administrative error, the law states that no debt may be created. In other words, if the VA awards benefit based solely on administrative error, the Veteran gets to keep those funds.