Citation Nr: 18140933
Decision Date: 10/09/18	Archive Date: 10/09/18

DOCKET NO. 17-34 455
DATE: October 9, 2018	 
ORDER
The appeal as to the claim of entitlement to a waiver of recovery of an overpayment of Department of Veterans Affairs (VA) benefits in the amount of $10,564.95 is dismissed.
FINDING OF FACT
In a September 2018 written statement, prior to the promulgation of a decision in the appeal in the matter, the Veteran indicated that she wished to withdraw her appeal as to the claim of entitlement to a waiver of recovery of an overpayment of VA benefits in the amount of $10,564.95; there is no question of fact or law in this matter remaining for the Board to consider.
CONCLUSION OF LAW
The criteria for withdrawal of an appeal are met as to the issue of entitlement to a waiver of recovery of an overpayment of VA benefits in the amount of $10,564.95; the Board has no further jurisdiction in this matter.  38 U.S.C. §§ 7104, 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from July 1963 to August 1966, from October 1984 to September 1988, and from September 1990 to August 1991.
Entitlement to a waiver of recovery of an overpayment of VA benefits in the amount of $10,564.95.
The Board has jurisdiction in any matter which under 38 U.S.C. § 511(a) is subject to a decision by the Secretary.  38 U.S.C. § 7104.  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. § 7105(b)(5).  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Withdrawal may be made by the Veteran or by her authorized representative, and must be in writing or on the record at a hearing.  38 C.F.R. § 20.204.
In a September 2018 written statement, the Veteran indicated that she wished to withdraw her appeal as to the claim of entitlement to a waiver of recovery of an overpayment of VA benefits in the amount of $10,564.95.  There remain no 








allegations of errors in fact or law for appellate consideration regarding this issue.  Accordingly, the Board does not have jurisdiction to consider an appeal in this matter, and the appeal in this matter must be dismissed.

 
M. SORISIO
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	L. B. Yantz, Counsel