Citation Nr: 1305068	
Decision Date: 02/12/13    Archive Date: 02/21/13

DOCKET NO.  09-20 595	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Debt Management Center in Ft. Snelling, Minnesota


THE ISSUE

Entitlement to waiver of overpayment in the amount of $2,338.00.  


REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

T. Stephen Eckerman, Counsel






INTRODUCTION

The Veteran's active service extended from January 1962 to August 1967. 

This matter comes before the Board of Veterans' Appeals (BVA or Board) on appeal from an August 2008 decision of the Department of Veterans Affairs Debt Management Center in Ft. Snelling, Minnesota, which denied a claim of entitlement to waiver of overpayment in the amount of $2,338.00.  


FINDING OF FACT

The Veteran has stated that he desires to withdraw his appeal of the issue of entitlement to waiver of overpayment in the amount of $2,338.00.


CONCLUSION OF LAW

The criteria for a withdrawal of the Veteran's substantive appeal on the issue of entitlement to waiver of overpayment in the amount of $2,338.00 have been met.  38 U.S.C.A. § 7105(b)(2), (d)(5) (West 2002 & Supp. 2012); 38 C.F.R. §§ 20.200, 20.202, 20.204(b), (c) (2012).  


REASONS AND BASES FOR FINDING AND CONCLUSION

I.  Dismissal

An appeal consists of a timely filed Notice of Disagreement in writing, and after a Statement of the Case has been furnished, a timely filed Substantive Appeal.  38 U.S.C.A. § 7105(a) (West 2002 & Supp. 2012); 38 C.F.R. § 20.200 (2012). 

Under 38 U.S.C.A. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  Further, a Substantive Appeal may be withdrawn in writing at any time before the Board promulgates a decision.  38 C.F.R. §§ 20.202, 20.204(b) (2012).  Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be in writing.  38 C.F.R. § 20.204(b) (2012). 

The record shows that the Veteran perfected an appeal of an August 2008 decision of the Committee on Waivers and Compromises that denied entitlement to waiver of overpayment in the amount of $2,338.00.  The Veteran appealed.  However, in a written statement, received in May 2011, the Veteran stated that he desired to withdraw his appeal with respect to this issue.  The Board finds that this statement qualifies as a valid withdrawal of the issue of entitlement to waiver of overpayment in the amount of $2,338.00.  See 38 C.F.R. § 20.204.  Accordingly, this claim will be dismissed. 


ORDER

The appeal of the issue of entitlement to waiver of overpayment in the amount of $2,338.00 is dismissed.  




____________________________________________
Michael J. Skaltsounis
Acting Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs