Citation Nr: 21076024
Decision Date: 12/22/21	Archive Date: 12/22/21

DOCKET NO. 11-33 677
DATE: December 22, 2021

ORDER

Whether it was correct to find the Veteran was a fugitive felon for purposes of suspending his VA compensation from December 2001 to March 2010 creating an overpayment debt in the calculated amount of $177,275.87, is dismissed.  

FINDING OF FACT

In February 2020, the VA Committee on Waivers and Compromises (COWC) issued a decision waiving the Veteran's $177,275.87 VA debt related to fugitive felon status in its entirety.

CONCLUSION OF LAW

The criteria for dismissal of the matter of whether it was correct to find the Veteran was a fugitive felon for purposes of suspending his VA compensation from December 2001 to March 2010 creating an overpayment debt in the calculated amount of $177,275.87 are met.  38 U.S.C. § 7105.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from May 1967 to May 1970.

The matter on appeal comes before the Board of Veterans' Appeals (Board) from a February 2010 decision by the Department of Veterans Affairs (VA) Regional Office (RO) to retroactively terminate the Veteran's benefits due to the Veteran's fugitive felon status.  The VA Debt Management Center (DMC) sent the Veteran a letter later in February 2010 to notify him of the $182,572.42 debt that had resulted.  A second DMC letter clarified the debt to indicate the Veteran's already existent debt had been increased by $177,275.87 such that the balance was now $182,572.42.  (The Board notes that the remaining debt is related to a period during which the Veteran was incarcerated.  This debt was appealed and is being considered in a separate appeal stream within the Modernized Review system of appeals.)

The Veteran filed a VA Form 5655 Financial Status Report requesting a waiver in July 2010.  In February 2020, the COWC issued a decision and granted a waiver of the $177,275.87 debt, which related to the period during which the Veteran was identified as a fugitive felon.  VA is no longer attempting to collect any debt from the Veteran related to his fugitive felon status.  As such, there remains no matter in dispute subject to adjudication with regard to this appeal.  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 of the $177,275.87 debt arising out of the Veteran's fugitive felon status, 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.