Citation Nr: 21026605
Decision Date: 05/03/21	Archive Date: 05/03/21

DOCKET NO. 18-37 571
DATE: May 3, 2021

ORDER

Entitlement to waiver of recovery of an overpayment of Department of Veterans Affairs (VA) compensation benefits is dismissed.

FINDING OF FACT

With the September 2020 grant of a full waiver of overpayment, there is no justiciable issue for adjudication by the Board.

CONCLUSION OF LAW

The criteria for dismissal of entitlement to a waiver of VA benefits in the calculated amount of $6,388.04 have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from March 1982 to June 2005.  

In September 2019, the Board remanded the claim for further development.

Dismissal

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.  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.

In January 11, 2017, VA removed the Veteran's spouse from his award.  The removal resulted in an overpayment debt.  The Debt Management Center assessed a debt of $6,388.04 debt.  The Veteran questioned the validity of the debt and requested a waiver.  In May 2017, the Committee on Waivers and Compromises (Committee) denied the waiver request.  In its April 2018 Statement of the Case, VA confirmed the validity of the debt.  The Veteran appealed the decision to the Board.  In September 2019, the Board remanded the validity and waiver issues for further development.

In September 2020, VA determined that the debt was valid.  Also in September 2020, the Committee granted the waiver request.  Given that the issue on appeal was granted in full, the appeal has become moot, and there are no allegations of errors of fact or law for appellate consideration.  Consequently, the Board has no jurisdiction to review the issue, and the claim must be dismissed.

 

 

MICHAEL LANE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Moore

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.