Citation Nr: 21070261
Decision Date: 11/23/21	Archive Date: 11/23/21

DOCKET NO. 17-07 134
DATE: November 23, 2021

ORDER

The appeal as to whether the creation of an overpayment of Department of Veterans Affairs (VA) compensation benefits in the calculated amount of $20,232.24 was proper is dismissed.  

FINDING OF FACT

In a November 2021 written statement, the accredited representative expressly withdrew the Veteran's appeal as to whether the creation of an overpayment of VA compensation benefits in the calculated amount of $20,232.24 was proper.  

CONCLUSION OF LAW

The criteria for withdrawal of the appeal as to whether the creation of an overpayment of VA compensation benefits in the calculated amount of $20,232.24 was proper are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.  

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran active service from May 1968 to February 1970.  He served in the Republic of Vietnam and was awarded the Combat Infantryman Badge and the Purple Heart Medal.  

Withdrawal

In a November 2021 written statement, the accredited representative indicated that "the Veteran was granted a waiver for his indebtedness and would like to withdraw his BVA hearing as well as all issues on appeal."  The Board of Veterans' Appeals (Board) finds that the accredited representative expressly withdrew the Veteran's appeal as to whether the creation of an overpayment of VA compensation benefits in the calculated amount of $20,232.24 was proper.  

A veteran or the accredited representative may withdraw a substantive appeal in writing at any time prior to the Board's promulgation of a decision.  38 C.F.R. § 19.55.  The Board finds that the accredited representative has effectively withdrawn the Veteran's appeal as to whether the creation of an overpayment of VA compensation benefits in the calculated amount of $20,232.24 was proper.  Therefore, the Board concludes that no allegation of fact or law remains as to that issue and the appeal must be dismissed.  38 U.S.C. § 7105.

 

 

J. T. HUTCHESON

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.