Citation Nr: 19192518
Decision Date: 12/10/19	Archive Date: 12/10/19

DOCKET NO. 08-03 476A
DATE: December 10, 2019

ORDER

The issue of entitlement to waiver of indebtedness resulting from medical care rendered by the VA is dismissed.

FINDING OF FACT

A June 2011 decision from the Department of Veterans Affairs (VA) San Diego Healthcare System shows that the Committee on Waivers and Compromises accepted the Veteran’s request for compromise in the amount of $2,000 effective June 6, 2011 in lieu of the balance remaining on the Veteran’s health care charges and that the Veteran’s May 3, 2011 payment of $2,150 was applied as such.

CONCLUSION OF LAW

There remains no question of law or fact involving the claim for entitlement to waiver of indebtedness resulting from medical care rendered by the VA and the appeal is dismissed.  38 U.S.C. § 7105(d)(5).

REASONS AND BASES FOR FINDING AND CONCLUSION

The appellant had more than 13 years of service in the Army National Guard, including a period of active duty for training.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2007 determination by the VA San Diego Healthcare System.  This issue was previously before the Board in January 2010 and remanded for additional development.

The Veteran testified before a Veterans Law Judge (VLJ) at a video conference in December 2009.  A transcript of that proceeding is of record.  As the VLJ who conducted the hearing is no longer employed by the Board, the Board attempted to contact the Veteran in a letter dated October 8, 2019.  The letter was returned as undeliverable.  However, it is ultimately the Veteran’s responsibility to keep VA apprised of his whereabouts.  See Hyson v. Brown, 5 Vet. App. 262, 265 (1993).  Accordingly, the Board will adjudicate this claim.

The Veteran contends that he is entitled to a waiver of indebtedness of $6,260 resulting from medical care rendered by the VA.  See January 2019 Appellant’s Post-Remand Brief.  This issue was previously before the Board in January 2010 and remanded for the issue to be forwarded to the Committee on Waivers and Compromises for review.  A June 2011 Committee on Waivers and Compromises Decision notes that the Veteran’s compromise offer to repay $2,000 was received by the Committee on Waivers and Compromises on May 5, 2011.  Further, a June 2011 letter from VA San Diego Healthcare System to the Veteran notes that the Committee on Waivers and Compromises accepted the Veteran’s request for compromise in the amount of $2,000 effective June 6, 2011 in lieu of the balance remaining on the Veteran’s health care charges and that the Veteran’s May 3, 2011 payment of $2,150 was applied as such.  The June 2011 letter further notes that payments for $150 received on or after June 6, 2011 will be refunded.  Accordingly, the Board finds that the Veteran’s appeal as to the issue of entitlement to waiver of indebtedness resulting from medical care rendered by the VA is moot.  There remains no question of law or fact for the Board to resolve, and the appeal is dismissed.  38 U.S.C. § 7105(d)(5). 

 

S.C. Krembs

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	C. Samuelson, Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.