B-142147, APR. 7, 1960
Highlights
TUMBIOLO APPLIED FOR AND WAS GRANTED A DISABILITY PENSION EFFECTIVE MAY 7. HE WAS ADVISED OF THE STATUTORY INCOME LIMITATION OF $2. 700 (38 U.S.C. 522/A) ( PROHIBITING THE CONTINUED RECEIPT OF NONSERVICE CONNECTED BENEFITS AND WAS TOLD THAT HE MUST NOTIFY THE VETERANS ADMINISTRATION IF HIS ANNUAL INCOME EXCEEDED THAT AMOUNT. HIS FAILURE TO PROMPTLY AND TIMELY ADVISE THE VETERANS ADMINISTRATION THAT HE WAS EMPLOYED AT A SALARY THAT WOULD AND DID CAUSE HIM TO EXCEED THE STATUTORY INCOME LIMITATION RESULTED IN THE RETROACTIVE TERMINATION OF HIS PENSION PAYMENTS FOR THE YEAR 1954 AND AN OVERPAYMENT OF $831.60 RESULTED. THE CENTRAL COMMITTEE ON WAIVERS AND FORFEITURE AND THE BOARD OF VETERANS APPEALS ALL HELD THAT HE WAS NOT FREE FROM FAULT IN CAUSING THE INDEBTEDNESS AND THAT A WAIVER OF THE AMOUNT OWED COULD NOT BE GRANTED.
B-142147, APR. 7, 1960
TO MR. DANIEL P. CASSIDY, DEPARTMENT SERVICE OFFICER, VETERANS
OF FOREIGN WARS OF THE UNITED STATES:
THIS REFERS TO YOUR LETTER OF FEBRUARY 15, 1960, ACKNOWLEDGED MARCH 7, ON BEHALF OF MR. GASPARE J. TUMBIOLO.
BY LETTER DATED MARCH 31, 1960, THE ADMINISTRATOR OF VETERANS AFFAIRS ADVISED US AS FOLLOWS. MR. TUMBIOLO APPLIED FOR AND WAS GRANTED A DISABILITY PENSION EFFECTIVE MAY 7, 1952. WHEN NOTIFIED OF THE AWARD, AND AGAIN AT THE END OF 1952 AND 1953, HE WAS ADVISED OF THE STATUTORY INCOME LIMITATION OF $2,700 (38 U.S.C. 522/A) ( PROHIBITING THE CONTINUED RECEIPT OF NONSERVICE CONNECTED BENEFITS AND WAS TOLD THAT HE MUST NOTIFY THE VETERANS ADMINISTRATION IF HIS ANNUAL INCOME EXCEEDED THAT AMOUNT.
MR. TUMBIOLO WORKED STEADILY THROUGHOUT 1954 AND EARNED $3,725. HOWEVER, HE FAILED TO REPORT THE AMOUNT OF HIS INCOME UNTIL HE RETURNED HIS ANNUAL QUESTIONNAIRE ON JANUARY 26, 1955. HIS FAILURE TO PROMPTLY AND TIMELY ADVISE THE VETERANS ADMINISTRATION THAT HE WAS EMPLOYED AT A SALARY THAT WOULD AND DID CAUSE HIM TO EXCEED THE STATUTORY INCOME LIMITATION RESULTED IN THE RETROACTIVE TERMINATION OF HIS PENSION PAYMENTS FOR THE YEAR 1954 AND AN OVERPAYMENT OF $831.60 RESULTED. THE AMOUNT OWED HAS SUBSEQUENTLY BEEN REDUCED TO $705.
MR. TUMBIOLO REQUESTED A WAIVER OF RECOVERY OF THE OVERPAYMENT; HOWEVER, A FIELD COMMITTEE ON WAIVERS, THE CENTRAL COMMITTEE ON WAIVERS AND FORFEITURE AND THE BOARD OF VETERANS APPEALS ALL HELD THAT HE WAS NOT FREE FROM FAULT IN CAUSING THE INDEBTEDNESS AND THAT A WAIVER OF THE AMOUNT OWED COULD NOT BE GRANTED. COPIES OF THESE DECISIONS ARE ENCLOSED.