Citation Nr: 21007021
Decision Date: 02/08/21	Archive Date: 02/08/21

DOCKET NO. 00-18 645A
DATE: February 8, 2021

ORDER

The appeal pertaining to the issue of entitlement to waiver of recovery of an overpayment of Department of Veterans Affairs (VA) pension benefits in the amount of $15,235 is dismissed. 

FINDING OF FACT

In a May 2020 VA Agency of Original Jurisdiction (AOJ) decision, of which the Veteran was notified in December 2020, his debt of $15,235 was waived in full; thus, there is no remaining case or controversy in regard to his request for a waiver of recovery of overpayment of VA pension benefits. 

CONCLUSION OF LAW

As there is no justiciable case or controversy with respect to the Veteran’s request for a waiver of recovery of an overpayment of VA pension benefits in the amount of $15,235, his appeal as to such issue is moot.  38 U.S.C. § 7104; 38 C.F.R. § 20.104.

REASONS AND BASES FOR FINDING AND CONCLUSION

Under 38 U.S.C. § 7105, the Board of Veterans’ Appeals (Board) may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  See e.g., 38 C.F.R. § 20.104.  In essence, a “case or controversy” involving a pending adverse determination to which the appellant has taken exception no longer exists.  See Shoen v. Brown, 6 Vet. App. 456, 457 (1994).  

In the instant case, in a VA AOJ May 2020 decision, of which the Veteran was notified in December 2020, his debt of $15,235 was waived in full; thus, there is no remaining case or controversy in regard to his request for a waiver of recovery of overpayment of VA pension benefits.  Consequently, his appeal of such matter is moot and must be dismissed.

 

 

S. L. Kennedy

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.