Citation Nr: 21063898 Decision Date: 10/18/21 Archive Date: 10/18/21 DOCKET NO. 11-23 116 DATE: October 18, 2021 REMANDED Entitlement to a waiver of recovery of overpayment of VA compensation in the amount of $11,490.90, to include the issue of whether the debt was properly created is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1976 to March 1979. The appeal was denied in a September 2012 Board of Veterans' Appeals (Board) decision that the Veteran appealed to the United States Court of Appeals for Veterans Claims (Court). The Court ordered an August 2013 joint motion for remand (JMR) that vacated and remanded the September 2012 decision. The Board subsequently remanded the appeal in March 2014, July 2017, and January 2019. In a November 2013 VA Form 21-22a, the Veteran appointed his representative, Patrick DiCarlo, under 38 C.F.R. § 14.630 (a), which states that Any person may be authorized to prepare, present, and prosecute one claim. A power of attorney executed on VA Form 21-22a, "Appointment of Attorney or Agent as Claimant's Representative," and a statement signed by the person and the claimant that no compensation will be charged or paid for the services, shall be filed with the agency of original jurisdiction where the claim is presented. The power of attorney identifies to VA the claimant's appointment of representation and authorizes VA's disclosure of information to the person representing the claimant. The record does not indicate that the attorney's representation has been terminated by the Veteran or his representative at any point during the period on appeal. In a September 2020 letter, VA informed the Veteran that his representative was unaccredited and would no longer be recognized as his representative. As a result of this action, the Veteran's representative was not provided with a copy of the March 2021 Supplemental Statement of the Case (SSOC). Further, the record indicates that a letter was sent to the Veteran on September 22, 2020 explaining the results of an audit of the overpayment debt and issuing a credit to the Veteran. The Veteran asserts that his representative was not copied on this letter. As discussed above, although not accredited by VA, the Veteran's representative was properly appointed under the provisions of 38 C.F.R. § 14.630 (a). Under these circumstances, the Board must remand the claim back to the RO for purposes of providing the Veteran's representative with a copy of the March 2021 SSOC to cure the procedural defect. The Veteran's representative should also be provided with a copy of the September 22, 2020 letter. The matters are REMANDED for the following action: Provide the Veteran's representative (Patrick DiCarlo) a copy of the March 2021 SSOC and the September 22, 2020 letter and allow a period of time for a response. If there is no response or the response provided reflects continued disagreement with the findings in the SSOC, then the case should be returned to the Board. TANYA SMITH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Bynum, 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.