Citation Nr: 18146965
Decision Date: 11/02/18	Archive Date: 11/02/18

DOCKET NO. 15-09 258
DATE:	November 2, 2018
ORDER
The appeal is dismissed.
FINDING OF FACT
Prior to the promulgation of a decision in the appeal, an April 2017 decision of the Committee on Waivers and Compromises (COWC) granted a waiver of the entire $3,308.60 indebtedness because recovery of that debt would be against equity and good conscience.  There is no remaining case or controversy.
CONCLUSION OF LAW
The appeal concerning a waiver of indebtedness for the recovery of the overpayment of $3,308.60 is dismissed.  38 U.S.C. § 7105(d)(5).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty in the U.S. Army from January 1985 to January 1988 and from November 1988 to November 2010.  
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2014 decision issued by the Department of Veterans Affairs (VA) Committee on Waivers and Compromises (COWC).
In September 2014, the Veteran testified at a hearing before a member of the COWC.  He also testified at a hearing before the undersigned Veterans Law Judge in November 2015.  The hearing transcripts are of record.
The Board has jurisdiction where there is a question of law or fact necessary to a decision by the Secretary of VA under a law that affects the provision of benefits administered by VA.  38 U.S.C. § 7104; 38 C.F.R. § 20.101.  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 (d)(5).
Prior to the promulgation of a decision in the appeal, an April 2017 decision of the COWC granted a waiver of the entire $3,308.60 indebtedness because recovery of that debt would be against equity and good conscience.  This constituted a full grant of the benefit sought on appeal.  As such, there remain no allegations of errors of fact or law for appellate consideration, and the appeal is dismissed. 
 
J.W. ZISSIMOS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Mike A. Sobiecki, Associate Counsel