Citation Nr: 21012719
Decision Date: 03/05/21	Archive Date: 03/05/21

DOCKET NO. 05-06 808A
DATE: March 5, 2021

ORDER

Entitlement to waiver of an overpayment of compensation benefits in the calculated amount of $15,213.43 is dismissed.

FINDING OF FACT

The Veteran’s debt of $15,213.43 has been waived in full; this represents a complete grant of the benefit sought on appeal.

CONCLUSION OF LAW

The criteria for dismissal of entitlement to waiver of an overpayment of compensation benefits in the calculated amount of $15,213.43 have been met.  

38 U.S.C. § 7105.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from September 1982 to June 1985.

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from notification letters from the Department of Veterans Affairs (VA) Regional Office (RO).  It was before the Board in November 2017, when it was remanded for further development, specifically for adjudication of whether the overpayment was properly created, reconsideration of the request for a waiver in the amount of $15,213.43, and issuance of a statement of the case for a waiver of overpayment in the amount of $1,700.38 for vocational rehabilitation benefits.  The issues of whether the overpayment was properly created and the waiver of overpayment in the amount of $1,700.38 are not in appellate status.

With regards to the remaining issue of entitlement to waiver of an overpayment of compensation benefits in the calculated amount of $15,213.43, a December 2020 decision by the Committee on Waivers and Compromises (Committee) granted a waiver for the entire amount.  The Board finds that as the waiver has now been granted in full, no justiciable controversy remains.

Under 38 U.S.C. § 7105 (d)(5), the Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed.  As the Veteran’s waiver has been granted in full, there is no remaining allegation of error of fact or law for appellate consideration.  On this basis, a dismissal is warranted.

 

 

Nathaniel J. Doan

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.