Citation Nr: 21010241
Decision Date: 02/24/21	Archive Date: 02/24/21

DOCKET NO. 16-27 932
DATE: February 24, 2021

ORDER

Entitlement to waiver of recovery of overpayment of Department of Veterans' Affairs (VA) disability compensation benefits in the amount of $27,365.72 is dismissed.

FINDING OF FACT

In October 2020, the VA Committee on Waivers and Compromises (COWC) issued a decision waiving the appellant’s VA debt 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 disability compensation benefits are met.  38 U.S.C. § 7105.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service in the Army from December 1975 to December 1978, and in the Marine Corps from August 1979 to May 1982. This matter initially came before the Board of Veterans’ Appeals (Board) from a February 2016 decision by the VA COWC to deny a waiver of overpayment of VA disability compensation benefits in the amount of $27,365.72 on the basis that the waiver request was not timely filed.  In October 2020, the Board issued a decision finding the waiver request timely and remanded the underlying waiver issue for adjudication on the merits.  In November 2020, the COWC issued a decision and granted a waiver       of the debt in its entirety.  As such, there remains no matter in dispute subject to adjudication as there is now no VA debt owed.  

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.

 

 

K. A. BANFIELD

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.