KEYWORDS: Waiver of indebtedness, VA disability compensation, retired pay, overpayment

DIGEST: Due to an administrative error, a member’s retired pay was not reduced by the amount of the compensation he was receiving from the Department of Veterans Affairs (VA).  When the member applied for VA disability compensation, he was considered to be on notice that when he became entitled to retired pay it would be reduced by the amount of his VA disability compensation.  Under such circumstances, the member knew or should have known that he was not entitled to the full amount of his retired pay.

CASE NO: 2018-WV-042501.2

DATE: 05/30/19