Citation Nr: 21003738 Decision Date: 01/22/21 Archive Date: 01/22/21 DOCKET NO. 14-38 761 DATE: January 22, 2021 ORDER The appeal as to whether the declared debt in the amount of $1655 resulting from the overpayment of spousal dependency benefits is valid is dismissed. The appeal for entitlement to waiver of debt in the amount of $1655 is remanded is dismissed. FINDING OF FACT On January 11, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran’s representative that a withdrawal of his appeal regarding whether the declared debt in the amount of $1655 resulting from the overpayment of spousal dependency benefits, and his appeal for entitlement to waiver of debt in the amount of $1655 was requested. CONCLUSION OF LAW The criteria for withdrawal of the appeal for whether the declared debt in the amount of $1655 resulting from the overpayment of spousal dependency benefits, and for entitlement to waiver of debt in the amount of $1655 by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. REASONS AND BASES FOR FINDING AND CONCLUSION This matter was remanded in April 2020 by the Board of Veterans Appeals (Board). Dismissal 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205. An appeal withdrawal is effective when received by the Board. 38 C.F.R. § 20.205(b)(3). Withdrawal may be made by the Veteran or by his authorized representative. 38 C.F.R. § 20.205. A substantive appeal may be withdrawn on the record or in writing at any time before the Board promulgates a decision. Id. On January 11, 2021, the Veteran’s representative submitted a motion to dismiss appeal. See Motion to Dismiss Appeal. The Veteran’s representative indicated that the claims for validity of debt resulting from overpayment of spousal dependency benefits, and waiver of debt for $1655 were remanded in April 2020 and that a November 2020 decision granted the Veteran a waiver. Additionally, the representative stated that “there are no longer issues in contest ripe for appellate review, Appellant moves the Board to dismiss further proceedings….” Id. A written withdrawal must include the name of the Veteran, the applicable VA file number, and a statement that the appeal is withdrawn. See 38 C.F.R. § 20.205; Hembree v. Wilkie, 2020 U.S. App. Vet. Claims LEXIS 1677, *12 (August 31, 2020). In the present case, the Veteran’s representative filed a motion to dismiss appeal which included the Veteran’s name, the Veteran’s claim number, identified the issues on appeal, and provided the following statement: “there are no longer issues in contest ripe for appellate review, Appellant moves the Board to dismiss further proceedings.” See Motion to Dismiss Appeal. Importantly, the withdrawal was effective immediately upon receipt by VA. 38 C.F.R. § 20.205 (b)(3). Therefore, the Veteran has withdrawn his appeal pertaining to validity of debt resulting from overpayment of spousal dependency benefits, and waiver of debt for $1655, 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. YVETTE R. WHITE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board G. Lilly, Associate 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.