Citation Nr: 18153738
Decision Date: 11/28/18	Archive Date: 11/28/18

DOCKET NO. 15-09 851
DATE:	November 28, 2018
ORDER
The claim for a waiver of an overpayment of educational benefits is dismissed.
FINDING OF FACT
A May 2018 Decision on Waiver of Indebtedness and July 2018 correspondence from the Debt Management Center indicate that the Veteran’s request for waiver of his debt was approved.
CONCLUSION OF LAW
The claim for a waiver of an overpayment of educational benefits is dismissed in light of the absence of a case or controversy.  38 U.S.C. § 7105 (2012); Grantham v. Brown, 114 F.3d 1156, 1158-59 (Fed. Cir. 1997).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from July 2008 to December 2008, from December 2009 to June 2010, and from December 2014 to October 2017, and has additional service in the Air National Guard.  His active duty service includes service in Iraq.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2014 decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Buffalo, New York.
1.  Entitlement to a waiver of an overpayment of educational benefits.
The requested waiver was already granted, and thus, there is no case or controversy for the Board to adjudicate.  Consequently, the claim on appeal is dismissed.  See Grantham v. Brown, 114 F.3d 1156, 1158-59 (Fed. Cir. 1997).

 
STEVEN D. REISS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. C. Wilson, Counsel