Citation Nr: 21062360
Decision Date: 10/07/21	Archive Date: 10/07/21

DOCKET NO. 17-50 750
DATE: October 7, 2021

ORDER

Whether the overpayment of Department of Veterans Affairs (VA) compensation benefits and military retirement pay in the amount of $18,243.49 was properly created is dismissed.

FINDING OF FACT

The Veteran has stated her appeal has been resolved to her satisfaction with a partial waiver; this represents a grant of the benefit sought on appeal.

CONCLUSION OF LAW

The criteria for dismissal of whether the overpayment of VA compensation benefits and military retirement pay in the amount of $18,243.49 was properly created have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from December 1979 to January 1997.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2016 letter from the Department of Veterans Affairs (VA) Regional Office (RO), notifying the Veteran that her former spouse, N., was removed from her award effective February 1, 2001 and that her current spouse, J., was added to her award effective August 11, 2014.  

Initially, the Board notes that the issue on appeal was previously characterized as whether the overpayment was properly created and whether the effective date of the change in spouse status was proper.  The Board notes that the Veteran's contentions are related to her lack of fault relative to VA's, and that repayment of the debt would cause her undue hardship.  Therefore, they have related to the issue of a waiver rather than the validity of the debt.  The Board finds these statements indicate that the benefit the Veteran sought was to not pay the debt.  The Board further notes that in March 2018, the Committee granted a partial waiver of the debt in the amount of $13,275.49.  The remaining $4,968.00 represented her receipt of both military retired pay and compensation, which the Veteran has already repaid.  The Veteran sent several letters in June 2021 stating the issue had been resolved to her satisfaction with the partial waiver in March 2018.  Therefore, the Board finds that no justiciable controversy remains.

 

 

C. CRAWFORD

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.