Citation Nr: 18159974
Decision Date: 12/20/18	Archive Date: 12/20/18

DOCKET NO. 14-08 279
DATE:	December 20, 2018
ORDER
The appeal is dismissed.
FINDINGS OF FACT
1. The Veteran served on active duty from May 1943 to April 1946.
2. The Veteran’s wife has been appointed as his fiduciary. 
3. In January 2017, the Veteran’s fiduciary indicated that she had spoken with the Pension Management Center, and the Veteran was satisfied with the outcome of the appeal.
CONCLUSION OF LAW
The criteria for withdrawal of an appeal by the Veteran have been met. 38 U.S.C.  § 7105 (b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018).
REASONS AND BASES FOR FINDINGS AND CONCLUSION
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.  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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 by his or her authorized representative.  38 C.F.R. § 20.204.  The record reflects that the Veteran’s wife has been appointed as his fiduciary.
The issue on appeal is whether VA was correct to reduce the Veteran’s pension based on unreported and reported income.  The reduction in pension created an overpayment, and the Veteran’s March 2014 VA Form 9 was construed as a request for waiver of the overpayment.  This request was granted in February 2015, which essentially rendered moot the dispute about the propriety of the reduction in pension as the reduction only pertained to the period which incurred the overpayment.  Further, in January 2017, in connection with a scheduled Board hearing, the Veteran, through his fiduciary, withdrew the hearing and indicated that he was satisfied with the outcome of his appeal, thereby also withdrawing the appeal.  Hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal, and it is dismissed.
 
L. CHU
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. M. Schaefer, Counsel