Citation Nr: 18146020
Decision Date: 10/30/18	Archive Date: 10/30/18

DOCKET NO. 93-14 409
DATE:	October 30, 2018
ORDER
Entitlement to waiver of recovery of compensation overpayment in the amount of $600 as a result of an apportionment on behalf of the Veteran's child, D.W., to include whether the overpayment was properly created is dismissed.
FINDING OF FACT
On August 2, 2017, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of the appeal for waiver of overpayment was requested.
CONCLUSION OF LAW
The criteria for withdrawal of an appeal for waiver of recovery of an overpayment by the Veteran have been met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran died in September 2017.  The appellant is the Veteran’s child and has been accepted as the Veteran’s substitute for purposes of processing this appeal to completion.  38 U.S.C. § 5121A; 38 C.F.R. § 3.1010.
1. Entitlement to waiver of recovery of compensation overpayment in the amount of $600 as a result of an apportionment on behalf of the Veteran's child, D.W., to include whether the overpayment was properly created
The Board may dismiss any appeal which does not allege specific error of fact or law in the determination being appealed.  38 U.S.C. § 7105.  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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 appellant or the authorized representative.  38 C.F.R. § 20.204.  
Prior to his death, in a July 2017 statement received by the Board in August 2017, the Veteran withdrew the claim for entitlement to waiver of recovery of compensation overpayment.  Thus, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal concerning entitlement to waiver of recovery of compensation overpayment, and it is dismissed.

 
Harvey P. Roberts
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	S. Layton, Counsel