Citation Nr: 1323149	
Decision Date: 07/19/13    Archive Date: 07/24/13

DOCKET NO.  13-20 039	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Columbia, South Carolina


THE ISSUE

Entitlement to a waiver of recovery of an overpayment of compensation benefits in the amount of $3,180.00.

(The issue of entitlement to service connection for inclusive body myositis is addressed in a separate decision).


REPRESENTATION

Appellant represented by:	The American Legion


ATTORNEY FOR THE BOARD

H. Bunker, Associate Counsel



INTRODUCTION

The Veteran served on active duty from December 1965 to December 1967 with periods of service in the Army National Guard as well.

This case comes before the Board of Veterans' Appeals (Board) on appeal from a November 2011 administrative decision of a Department of Veterans Affairs (VA) Regional Office (RO).


FINDING OF FACT

A waiver of overpayment in the amount of $3,180 was granted in a November 2012 administrative decision; there is no remaining case or controversy pertaining to the Veteran's claim of entitlement to a waiver of overpayment.


CONCLUSION OF LAW

As the benefit sought on appeal has been granted, there remains no case or controversy as to the entitlement to a waiver of overpayment in the amount of $3,180.  38 U.S.C.A. §§ 7104, 7105(d)(5) (West 2002); 38 C.F.R. §§ 20.101, 20.1405(g) (2012).


REASONS AND BASES FOR FINDING AND CONCLUSION

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.  38 U.S.C.A. § 7105.

In August 2011 the Veteran was notified that due to a change in his spouse's benefits from the Social Security Administration (SSA), he had incurred an overpayment.  In September 2011 the Veteran requested a waiver of this overpayment.  In a November 2011 decision the RO denied waiver of an overpayment in the amount of $3,180.  In July 2012 the Veteran expressed dissatisfaction with the November 2011 findings and stated that without a waiver his family would be in grave hardship.  In November 2012 the Veteran requested reconsideration on the waiver issue and supplied updated financial documents.  In November 2012 the RO granted entitlement to a waiver of overpayment in the amount of $3,180 due to financial hardship on the Veteran.  In April 2013 the Board received the Veteran's statement that he disagreed with the November 2011 denial of his waiver.  

As entitlement to a waiver of overpayment in the amount of $3,180 was granted in the November 2012 decision, no case or controversy regarding this issue remains.  There is no remaining allegation of error of fact or law in the determination denying entitlement to a waiver of overpayment.  38 U.S.C.A. §§ 7104, 7105(d)(5) (West 2002); 38 C.F.R. §§ 20.101, 20.1405(g) (2012).  Accordingly, the Board is without jurisdiction to review the appeal with respect to entitlement to a waiver of recovery of an overpayment of compensation benefits in the amount of $3,180.00.


ORDER

The appeal seeking entitlement to a waiver of recovery of an overpayment in the amount of $3,180.00 is dismissed.



____________________________________________
KELLI A. KORDICH
Acting Veterans Law Judge, Board of Veterans' Appeals

Department of Veterans Affairs