Citation Nr: 21010429
Decision Date: 02/24/21	Archive Date: 02/24/21

DOCKET NO. 16-05 273
DATE: February 24, 2021

ORDER

Entitlement to waiver of recovery of an overpayment of the Department of Veterans Affairs benefits in the amount of $13,196.13, to include the validity of the debt, is dismissed. 

FINDINGS OF FACT

1. A complete audit of the Veteran’s account determined that the total amount of the Veteran’s debt was $13,196.13

2. On July 14, 2020, a VA Committee on Waivers and Compromises (COWC) granted the Veteran’s request for a waiver of indebtedness in the full amount of $13,196.13 overpayment at issue in this appeal.

CONCLUSION OF LAW

The appeal for entitlement to a waiver of indebtedness for the overpayment in the amount of $13,196.13 is dismissed. 38 U.S.C. § 7105; 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from September 1972 to September 1974.   

Entitlement to waiver of recovery of an overpayment (or debt) of VA non-service-connected pension benefits in the amount of $13,196.13, to include the validity of the debt, is dismissed.

This matter was previously before the Board in June 2019 at which time it was remanded to adjudicate the issue of whether the Veteran’s debt was properly created, to include validity of the amount of debt created.  An audit of the Veteran’s account was to be performed and the Veteran was to be provided notice of such and an opportunity to respond.  The RO’s audit determined that the correct amount of the Veteran’s debt was $13, 196.13 (total social security administration debt of $30, 718.00 less incarceration adjustment removal of $17, 521.87).  The Veteran was notified of such in June 2020. 

In a July 14, 2020 decision, the Committee on Waivers and Compromises (COWC) granted a full waiver of indebtedness for the overpayment in the amount of $13,196.13 that is at issue in this appeal.  An August 2020 notice letter informed the Veteran of this favorable decision.  Consequently, there remains no justiciable case or controversy because the benefit sought on appeal was granted in full. Accordingly, the appeal is dismissed.  38 U.S.C. § 7105; 38 C.F.R. § 20.204.  

 

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.