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