Citation Nr: 21007712 Decision Date: 02/10/21 Archive Date: 02/10/21 DOCKET NO. 15-39 666 DATE: February 10, 2021 ORDER Whether an overpayment of VA disability compensation benefits was properly created and, if so, whether waiver of any portion is warranted is dismissed. FINDING OF FACT On January 29, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through her attorney, that a withdrawal of her appeal regarding the issues of overpayment of VA disability compensation benefits and whether a waiver was warranted was requested. CONCLUSION OF LAW The criteria for withdrawal of an appeal by the appellant (or his or her authorized representative) have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from September 2001 to December 2003. This matter came before the Board of Veterans Appeals (Board) on appeal from a May 2011 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). A March 2018 Board decision remanded the issue on appeal for further development, including providing the Veteran with the opportunity for a hearing before the Board if the issue remained denied. The Board notes that the Veteran has a separate pending appeal regarding the issues of increased ratings for the right and left knees, which were denied in a March 2020 Board decision. The Veteran appealed the Board’s denial to the United States Court of Appeals for Veterans Claims (Court). The parties submitted a Joint Motion for Partial Remand ( JMPR ) in December 2020, asking that the March 2020 Board decision be vacated only as it pertained to the issues of increased ratings for the right and left knees. In January 2021, the Court granted the JMPR and remanded the issue on appeal for readjudication in accordance with instructions set out in the JMPR. A January 2021 letter then advised the Veteran that this appeal had been remanded back to the Board for readjudication and that he had 90 days to submit additional evidence. As that 90-day period has not yet elapsed, the issues of increased ratings for the knees will be adjudicated in a separate decision at a later date. The March 2020 Board decision also remanded the issues of entitlement to service connection for restless leg syndrome and a total disability rating due to unemployability (TDIU). Those issues were subsequently denied in a November 2020 Board decision and are therefore not before the Board at this time. Whether an overpayment of VA disability compensation benefits was properly created and, if so, whether waiver of any portion is warranted 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. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 19.55. In the present case, the Veteran, through her attorney, submitted a January 2021 written statement stating that she was withdrawing her appeal of the issue of whether an overpayment of VA disability compensation benefits was properly created and, if so, whether waiver of any portion is warranted, and would therefore not be reporting for the hearing scheduled for that issue. As the Veteran’s attorney submitted a written statement indicating in clear language that the Veteran wished to withdraw her appeal, the Board finds that the withdrawal was explicit, unambiguous and done with the full understanding of the consequences of such an action. See DeLisio v. Shinseki, 25 Vet. App. 45 (2011). Hence, 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. E. I. VELEZ Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Arnold 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.