context: There can be no dispute that a request for waiver of indebtedness is related to VA benefits. The indebtedness in this case arose from an overpayment of benefits, and Mrs. Edwards had a right to seek waiver of any amount owed. Because the duty to sympathetically read pro se pleadings applies, at a minimum, to pleadings related to the provision of VA benefits, and Mrs. Edwards' May 2000 submissions were related to the provision of VA benefits, we need not decide if the duty to assist applies to a request for waiver or if the duty to sympathetically read pleadings applies to any and all pro se submissions to the Secretary, as opposed to those submissions that are related to VA benefits. Inasmuch as it is clear that the Board did not sympathetically read Mrs. Edwards' May 2003 submissions related to her $2,366 indebtedness, this matter will be remanded for the Board to do so in the first instance.
citation_a.signal: see
citation_a.identifier: 19 Vet.App. 394, 405
citation_a.parenthetical: holding that whether a sympathetic reading of a veteran's filings raises a claim is a factual inquiry
citation_a.sentence: See Beverly v. Nicholson, 19 Vet.App. 394, 405 (2005) (holding that whether a sympathetic reading of a veteran’s filings raises a claim is a factual inquiry); Richardson v. Nicholson, 20 Vet.App. 64, 72 (2006) (remanding for the Board or regional office to give a sympathetic reading to pro se application for benefits); see also Moody v. Principi, 360 F.3d 1306, 1310 (Fed.Cir.2004) (holding that the interpretation of a veteran’s filings is a factual inquiry).
citation_b.signal: see also
citation_b.identifier: 360 F.3d 1306, 1310
citation_b.parenthetical: holding that the interpretation of a veteran's filings is a factual inquiry
citation_b.sentence: See Beverly v. Nicholson, 19 Vet.App. 394, 405 (2005) (holding that whether a sympathetic reading of a veteran’s filings raises a claim is a factual inquiry); Richardson v. Nicholson, 20 Vet.App. 64, 72 (2006) (remanding for the Board or regional office to give a sympathetic reading to pro se application for benefits); see also Moody v. Principi, 360 F.3d 1306, 1310 (Fed.Cir.2004) (holding that the interpretation of a veteran’s filings is a factual inquiry).