Citation Nr: 21027543
Decision Date: 05/06/21	Archive Date: 05/06/21

DOCKET NO. 19-01 669
DATE: May 6, 2021

ORDER

Entitlement to waiver of recovery of an overpayment of Department of Veterans Affairs (VA) compensation benefits, to include the validity of the debt, 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, to include the validity of the debt, 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 August 2000 to May 2001.  

In January 2020, 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.

On December 14, 2016 and due to her divorce, VA removed the Veteran's spouse R.N. from her award.  The removal resulted in $2,843.65 overpayment debt.  In her January 2017 Notice of Disagreement, the Veteran questioned the validity of the debt.  In December 2018, VA confirmed the validity of the debt.  The Veteran appealed to the Board.  In January 2020, the Board remanded the validity and waiver issues for further development.    

In June 2020, VA determined that the debt was valid.  In August 2020, the Committee on Waivers and Compromises 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.