Citation Nr: 21070513
Decision Date: 11/24/21	Archive Date: 11/24/21

DOCKET NO. 19-32 420
DATE: November 24, 2021

ORDER

Entitlement to waiver of recovery of overpayment of Department of Veterans' Affairs (VA) benefits in the amount of $12,006.00 is dismissed.

FINDING OF FACT

In February 2017, the VA Committee on Waivers and Compromises (COWC) issued a decision waiving the Veteran's $12,006.00 VA debt related to military retired pay from September 1, 2001 to December 1, 2012 in its entirety.

CONCLUSION OF LAW

The criteria for dismissal of the matter of entitlement to a waiver of recovery of an overpayment of VA benefits in the amount of $12,006.00 are met.  38 U.S.C. § 7105.

REASONS AND BASES FOR FINDING AND CONCLUSION

In July 2016, the Veteran was informed that action was being taken to recoup VA compensation benefits to offset military retired pay being received at the same time.  This action was noted to relate to the time frame from September 1, 2001 to December 1, 2012.  

In August 2016, the VA Debt Management Center (DMC) notified the Veteran of the $12,006.00 debt that resulted.  The Veteran filed a VA Form 5655 later in August 2016 and requested a waiver.  In September 2016, the VA Committee on Waivers and Compromises (COWC) issued a decision denying the Veteran's request for a waiver.  In January 2017, the Veteran submitted a timely notice of disagreement with the September 2016 COWC decision.  In February 2017, the COWC issued a decision and granted a waiver of the $12,006.00 debt in its entirety.  As such, there remains no matter in dispute subject to adjudication as there is now no VA debt owed related to the Veteran's military retired pay from September 1, 2001 to December 1, 2012, in this amount.  

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.  In this case, due to  the grant of a full waiver, 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.

 

 

MICHAEL E. KILCOYNE

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.