Citation Nr: 21061366
Decision Date: 10/01/21	Archive Date: 10/01/21

DOCKET NO. 18-28 950
DATE: October 1, 2021

ORDER

Entitlement to waiver of recovery of an overpayment (or debt) of VA compensation benefits in the amount of $2,914, to include the preliminary issue of the validity of the debt, is dismissed.  

FINDING OF FACT

In September 2021, prior to the promulgation of a decision in the appeal, the Veteran requested to withdraw the issue on appeal

CONCLUSION OF LAW

The criteria for withdrawal of the appeal by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  A Substantive Appeal may be withdrawn in writing at any time before the Board promulgates a decision. 38 C.F.R. § 20.202, 20.204, 20.205.  Withdrawal may be made by the Veteran or by his or her authorized representative.  38 C.F.R. § 20.205.

The Veteran submitted a statement in support of claim to VA in September 2021 requesting a withdrawal of the issue on appeal, as he acknowledged that the Debt Management Center (DMC) granted a full waiver of said payment.  See September 21, 2021 correspondence.  Of note, in a May 2021 decision the DMC granted the waiver of indebtedness.  Hence, there remains no allegations of error of fact or law for appellate consideration.  

Accordingly, the Board does not have jurisdiction to review the issue on appeal, and it is dismissed.

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Talamantes, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.