Citation Nr: 1304680	
Decision Date: 02/08/13    Archive Date: 02/19/13

DOCKET NO.  10-37 575	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in New Orleans, Louisiana


THE ISSUE

Entitlement to waiver of recovery of an overpayment of disability compensation benefits in the amount of $3,952.00. 


ATTORNEY FOR THE BOARD

James A. DeFrank, Counsel


INTRODUCTION

The Veteran had active military service from April 1981 to May 2001. 

This matter comes to the Board of Veterans' Appeals (Board) from an October 2009 determination of the decision of the Committee on Waivers and Compromises denying a waiver of the Veteran's debt in the amount of $3,952.00. 

The Veteran was scheduled for a hearing before a Veterans Law Judge in March 2012, but failed to appear.  Accordingly, his hearing request is deemed withdrawn.  See 38 C.F.R. § 20.702 (2012).


FINDING OF FACT

In a signed statement received by the Board in April 2012, the Veteran specifically indicated that he wished to withdraw his pending appeal.


CONCLUSION OF LAW

The criteria for a withdrawal of the Veteran's substantive appeal have been met as to his claim for a waiver of recovery of an overpayment of disability compensation benefits in the amount of $3,952.00.  38 U.S.C.A. § 7105(b) (2), (d) (5) (West 2002); 38 C.F.R. § 20.204 (2012).


REASONS AND BASES FOR FINDING AND CONCLUSION

As noted in the Introduction above, the Veteran perfected an appeal as to the issue of entitlement to waiver of recovery of an overpayment of disability compensation benefits in the amount of $3,952.00.   In correspondence received by the Board on April 3, 2012, the Veteran specifically stated that he wanted VA to "please cancel my request for appeal".

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  38 U.S.C.A. § 7105 (West 2002).  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2012).  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204.  In the present case, the Veteran himself has withdrawn his perfected claim for a waiver of recovery of the overpayment and, hence, there remain no allegations of errors of fact or law for appellate consideration.  The Board accordingly finds that the Veteran's withdrawal request qualifies as a valid withdrawal of his perfected appeal.  See 38 C.F.R. § 20.204 (2012).  The matter is dismissed.


ORDER

The appeal of entitlement to waiver of recovery of an overpayment of disability compensation benefits in the amount of $3,952.00 is dismissed.



____________________________________________
DAVID L. WIGHT
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs