Citation Nr: 21066640
Decision Date: 11/01/21	Archive Date: 11/01/21

DOCKET NO. 18-49 616
DATE: November 1, 2021

ORDER

The appeal seeking entitlement to a waiver of overpayment of VA compensation in the amount of $24,938.00 is dismissed.

FINDING OF FACT

On September 22, 2021, and prior to the promulgation of a decision in the appeal, the Veteran's representative requested withdrawal of the appeal for entitlement to a waiver of overpayment of VA compensation in the amount of $24,938.00.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal seeking entitlement to a waiver of overpayment of VA compensation in the amount of $24,938.00 by the appellant (or his or her authorized representative) have been met.  38 U.S.C. § 7105; § 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  A Substantive Appeal may be withdrawn in writing at any time before the Board promulgates a decision.  38 C.F.R. § 20.202.  Withdrawal may be made by the Veteran or by his or her authorized representative.  38 C.F.R. § 20.204.  The Veteran's representative has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.