---
kind: "section"
citation: "38 C.F.R. § 1.966"
title: "38"
number: "1.966"
heading: "Scope of waiver decisions."
url: "https://uscodex.org/cfr/38/1.966"
---

# §1.966. Scope of waiver decisions.

- (a) Decisions will be based on the evidence of record. A hearing may be held at the request of the claimant or his/her representative. No expenses incurred by a claimant, his representative, or any witness incident to a hearing will be paid by the Department of Veterans Affairs.
- (b) **A regional office Committee may—**
  - (1) Waive recovery as to certain persons and decline to waive as to other persons whose claims are based on the same veteran's service.
  - (2) **Waive or decline to waive recovery from specific benefits or sources, except that—**
    - (i) There shall be no waiver of recovery out of insurance of an indebtedness secured thereby; i.e., an insurance overpayment to an insured. However, recovery may be waived of any or all of such indebtedness out of benefits other than insurance then or thereafter payable to the insured.

## Notes

### Amendments

[39 FR 26400, July 19, 1974, as amended at 44 FR 59907, Oct. 17, 1979; 48 FR 1056, Jan. 10, 1983; 69 FR 62202, Oct. 25, 2004]

### Authority

Authority: Sections 1.900 through 1.953 are issued under the authority of 31 U.S.C. 3711 through 3720E; 38 U.S.C. 501, and as noted in specific sections.

### Source

Source: 52 FR 42111, 42112, Nov. 3, 1987, unless otherwise noted.

### Authority

Authority: 38 U.S.C. 501, and as noted in specific sections.

### Source

Source: 40 FR 33944, Aug. 12, 1975, unless otherwise noted.

### Amendments

[39 FR 26400, July 19, 1974, as amended at 44 FR 59907, Oct. 17, 1979; 48 FR 1056, Jan. 10, 1983; 69 FR 62202, Oct. 25, 2004]