Citation Nr: 21066476
Decision Date: 11/01/21	Archive Date: 11/01/21

DOCKET NO. 20-29 689
DATE: November 1, 2021

ORDER

Entitlement to waiver of the recovery of an overpayment of VA compensation benefits in the amount of $15,379.00, to include the validity of the debt, is dismissed.  

REFERRED

The issue of whether the Veteran was underpaid VA compensation benefits in the amount of $60,619.97 raised at the August 2021 Board hearing is referred to the Agency of Original Jurisdiction (AOJ) for appropriate action.  

FINDING OF FACT

On September 26, 2020, prior to the promulgation of a decision in this appeal, the AOJ's Committee on Waivers and Compromises granted the Veteran a waiver of the recovery of an overpayment of VA compensation benefits in the amount of $15,379.00; consequently, there is no remaining controversy pertaining to this claim, even as relating to the initial underlying issue of the validity of the debt.  

CONCLUSION OF LAW

The claim of entitlement to waiver of the recovery of an overpayment of VA compensation benefits in the amount of $15,379.00, to include the validity of the debt, is dismissed as moot.  38 U.S.C. § 7105; 38 C.F.R. § 20.104(c).  

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from July 1963 to June 1966.  He served in Vietnam and was awarded a Combat Infantryman Badge.  

The case is on appeal from AOJ determinations dated in December 2006 and January 2007. 

In September 2007, a hearing was held by a Veterans Law Judge who has since retired.  

The Board remanded the matter in January 2008, June 2013, March 2016, and May 2017.  

In August 2021, the Veteran testified at a Board hearing before the undersigned.  

(The issues of higher initial ratings for hammertoes of the right and left foot, as well as an earlier effective date for the grant of service connection for bilateral hammertoes, will be addressed in a separate decision.)  

Entitlement to waiver of the recovery of an overpayment of VA compensation benefits in the amount of $15,379.00, to include the validity of the debt.  

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.  

The Veteran appealed the creation of an overpayment of VA compensation benefits in the amount of $15,379.00, and the denial of a waiver of the recovery of the overpayment.  In September 2020, shortly after the appeal was certified to the Board, the Veteran was granted equitable relief by the AOJ's Committee on Waivers and Compromises, essentially finding that he was not liable for the overpayment, regardless of whether it was a valid debt, noting no indication as to how the debt was created.  Thus, the Veteran has already been found not liable for any repayment of the overpayment created.  Therefore, the appeal is moot.  

As there remains no controversy for appellate consideration, the appeal is dismissed.  

 

 

KRISTI L. GUNN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Taylor

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.