Citation Nr: 21071914
Decision Date: 12/01/21	Archive Date: 12/01/21

DOCKET NO. 18-13 706
DATE: December 1, 2021

ORDER

Whether an overpayment of Department of Veterans' Affairs (VA) benefits based on counting Social Security Administration (SSA) income was properly created has been withdrawn and the appeal is dismissed.

FINDING OF FACT

In a November 2021 statement, the Veteran requested to withdraw the appeal as to the issue of whether an overpayment of VA benefits based on counting SSA income was properly created.

CONCLUSION OF LAW

The criteria for withdrawal by the Veteran of the issue of whether an overpayment of VA benefits based on counting SSA income was properly created have been met.  38 U.S.C. § 7105; 38 C.F.R. § § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from June 1971 to May 1974.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from an October 2017 decision letter of the VA Regional Office (RO).

Withdrawal

1. Whether an Overpayment of VA Benefits Based on Counting SSA Income Was Properly Created 

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. An appeal may be withdrawn in writing or in testimony at a hearing. 38 C.F.R. § 19.55.

In a November 2021 statement, the Veteran withdrew the issue of whether an overpayment of VA benefits based on counting SSA income was properly created. Hence, as there remain no allegations of errors of fact or law for appellate consideration, the Board no longer has jurisdiction to review the appeal of this issue and it is dismissed.

 

 

M. Mills

Acting Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.