Citation Nr: 21013044
Decision Date: 03/08/21	Archive Date: 03/08/21

DOCKET NO. 20-20 816
DATE: March 8, 2021

ORDER

The issue of overpayment of benefits based on changes in dependency is dismissed.

FINDING OF FACT

In a May 2020 decision, the RO granted a waiver forgiving the Veteran’s indebtedness.

CONCLUSION OF LAW

The appeal on the merits of the issue of overpayment of benefits based on changes in dependency is moot by virtue of the May 2020 decision granting a waiver forgiving the Veteran’s indebtedness and there remains no matter in controversy for which the Board has jurisdiction on this issue.  38 U.S.C. §§ 7104(a), 7105(d)(5).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from February 1987 to February 2007.

This matter is before the Board of Veterans’ Appeals (Board) on appeal from a December 2018 decision by the Department of Veterans Affairs (VA) Regional Office (RO).  In April 2019, the Veteran disagreed with the December 2018 decision.  In February 2021, the Veteran testified before the undersigned Veterans Law Judge (VLJ) via videoconference.  A copy of the hearing transcript is of record and has been reviewed.

The issue of overpayment of benefits based on changes in dependency is dismissed.

In a December 2018 letter, the RO notified the Veteran that he was overpaid for benefits due to dependency.  In April 2019, the Veteran disagreed with this decision and asked for a waiver of forgiveness of his debt.  In July 2020, the RO informed the Veteran that his waiver for forgiving indebtedness was granted.

Under 38 U.S.C. § 7105(d)(5), the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  The issue of overpayment of benefits based on changes in dependency was granted a waiver forgiving the indebtedness, so there is no longer any pending adverse decision for the Board to adjudicate with respect to this issue.  See Shoen v. Brown, 6 Vet. App. 456, 457 (1994).  

The appeal on the merits is moot by virtue of the grant of the waiver of indebtedness and must be dismissed.  See Sabonis v. Brown, 6 Vet. App. 426, 430 (1994). 

 

VICTORIA MOSHIASHWILI

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.