Citation Nr: 21027472
Decision Date: 05/05/21	Archive Date: 05/05/21

DOCKET NO. 19-02 852A
DATE: May 5, 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 August 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 $2,763.00 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 June 2006 to September 2012.  

In November 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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 March 2017, VA removed the Veteran's spouse, G.B., from her award.  The removal resulted in a $2,763.00 overpayment debt.  In her April 2018 Notice of Disagreement, the Veteran questioned the validity of the debt and requested a waiver.  In September 2018, the Committee on Waivers and Compromises (Committee) denied the waiver request because the waiver requested was not submitted within 180 days of the debt letter.  The Veteran appealed the decision to the Board.  In its November 2019 decision, the Board noted that the validity issue had not been adjudicated.  The Board remanded the claim.  

In an August 2020 Administrative Decision, VA determined that the debt was valid.  Also in August 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.