Citation Nr: 19106969
Decision Date: 01/29/19	Archive Date: 01/29/19

DOCKET NO. 16-61 488
DATE:	January 29, 2019

ORDER

The issue of whether the adjustment in nonservice-connected pension benefits was valid, including creation of an overpayment, is dismissed.

FINDING OF FACT

In January 2017, the Committee on Waivers and Compromises granted waiver of the Veteran’s total indebtedness (in the amount of $46,680.00) resulting from the adjustment of nonservice-connected pension for the period from August 2013 to July 2016.

CONCLUSION OF LAW

As a waiver of the recovery of the overpayment has already been granted, there remains no justiciable case or controversy before the Board at this time.  38 U.S.C. § 7105; 38 C.F.R. § 20.101.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from June 1972 to June 1983.  A hearing was not requested.

1. Whether the adjustment in nonservice-connected pension benefits was valid, including creation of an overpayment

In December 2015, the RO informed the Veteran that it intended to reduce his nonservice-connected pension benefits in light of increased income due to receipt of Social Security benefits.  The Veteran appealed that decision.  

In July 2016, the RO informed the Veteran that an overpayment of $46,680.00 was created for the period from August 2013 to July 2016.  The Veteran appealed and requested that the debt be waived.  His overpayment was waived in January 2017.  

In a February 2017 supplemental statement of the case, the RO explained that the reduction in nonservice-connected benefits was proper and that the Veteran could use an enclosed form to withdraw his appeal if needed.  A form was not submitted.  

The Veteran no longer has an outstanding debt caused by the termination of his pension benefits for the time period in question.  As such, the issue of whether termination of the Veteran’s pension benefits was proper has effectively become moot by the waiver of the $46,680.00 overpayment.  Stated another way, the Veteran has received the full benefit that he requested on appeal, regardless of whether entitlement to such benefits was warranted.  Also, since there is no further relief that can be granted, any question regarding the validity of the overpayment is also moot.  Consequently, there is no controversy or justiciable issue for the Board to decide.

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.  As waiver of the total indebtedness has been granted, there remains no allegation of error of fact or law for appellate consideration with respect to the validity of any debt.  Accordingly, the Board does not have jurisdiction to review the appeal and it is hereby dismissed.  38 C.F.R. § 20.101.

 

Michael J. Skaltsounis

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	B. Cannon, Associate Counsel