With no explanation, chose the best option from "A", "B", "C" or "D". in an overpayment will not be classified as a VA administrative error or error in judgment if the error is “based on an act of commission or omission by the beneficiary, or with the beneficiary’s knowledge.” 38 U.S.C. § 5112(b)(9); see 38 C.F.R. § 3.500(b)(1); VA Gen. Coun. Prec. 2-90 (Mar. 20, 1990) [hereinafter G.C. Prec. 2-90]. “Knowledge” is “[a]n awareness or understanding of a fact or circumstance; a state of mind in which a person has no substantial doubt about the existence of a fact.” Black’s at 950. A person may have actual or constructive knowledge of a fact, the latter of which is defined as “Knowledge that one using reasonable care or diligence should have, and therefore that is attributed by law to a given person.” Id.; see Bell v. Derwinski, 2 Vet.App. 611, 613 (1992) (<HOLDING>). If fault for an overpayment cannot “clearly

A: holding that the secretary at a minimum has constructive knowledge of documents generated by va
B: holding that the knowledge requisite to knowing violation of a statute is factual knowledge as distinguished from knowledge of the law
C: recognizing that duty to warn of dangerous conditions could be based on constructive knowledge of that condition as well as actual knowledge
D: holding that documents generated by the cia at the specific request of congress were exempt from disclosure as congressional records
A.