Citation Nr: 21015038
Decision Date: 03/16/21	Archive Date: 03/16/21

DOCKET NO. 16-13 196
DATE: March 16, 2021

ORDER

The appeal for waiver of recovery of an overpayment (or debt) of VA compensation benefits is dismissed.

FINDING OF FACT

In November 2020 statement, the appellant withdrew this appeal concerning the waiver of recovery of an overpayment (or debt) of VA compensation benefits.

CONCLUSION OF LAW

The criteria are met for dismissal of this appeal concerning waiver of recovery of an overpayment (or debt) of VA compensation benefits.  38 U.S.C. § 7105; 38 C.F.R. § 20.205 (for Appeals Modernization Act (AMA)) and § 19.55 (legacy).

 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active military service from December 1965 to December 1970. He died in May 2011. The appellant is his surviving spouse.

The appeal for waiver of recovery of an overpayment (or debt) of VA compensation benefits is dismissed.

The Board may dismiss any appeal that 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. See 38 C.F.R. § 20.205 (for appeals under the AMA) and § 19.55 (for legacy appeals). Withdrawal may be by the appellant or by his or her authorized representative. 38 C.F.R. § 20.205 (for AMA) and § 19.55 (for legacy). An oral withdrawal made at a Board hearing must be explicit, unambiguous, and done with a full understanding of the consequences of such action by the appellant, and the subsequent Board dismissal must include findings as to all three elements. See Acree v. O’Rourke, 891 F.3d 1009 (Fed. Cir. 2018) adopting the rule of DeLisio v. Shinseki, 25 Vet. App. 45, 57-58 (2011). 

In this case at hand, the appellant withdrew this appeal by reporting her intent to withdraw this appeal to the RO, as was transcribed in the file in November 2020. She indicated the overpayment at issue has been paid in full, thus, the reason she is withdrawing her appeal concerning this matter since there is no longer a debt. 

 

Hence, there are no remaining allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review this appeal, and it is summarily dismissed.

 

 

KEITH W. ALLEN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	R. Erdheim

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.