(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 §§ 1.955et 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) Fiscal officers at VA medical facilities are 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]
Title 38 published on 2012-07-01
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