Citation Nr: 21031915 Decision Date: 05/25/21 Archive Date: 05/25/21 DOCKET NO. 19-13 156 DATE: May 25, 2021 ORDER The appeal seeking entitlement to a waiver of a $2,942.00 (of an original debt of $32,951.90) debt due to an overpayment in VA disability compensation benefits as a result of failure to withhold attorney fees is dismissed. REMANDED The validity of a $2,942.00 (of an original debt of $32,951.90) debt due to an overpayment in VA disability compensation benefits as a result of failure to withhold attorney fees is remanded. FINDING OF FACT The overpayment created due to receipt of additional VA compensation benefits for a dependent spouse was waived by the Committee on Debt and Waivers (COWC) in May 2018, October 2018, and September 2020. CONCLUSION OF LAW The criteria for dismissal of the appeal seeking entitlement to a waiver of a $2,942.00 (of an original debt of $32,951.90) debt due to an overpayment in VA disability compensation benefits have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran honorably served on active duty from August 1968 to April 1971. This matter is before the Board of Veterans' Appeals (Board) on appeal from a May 2018 administrative decision of the VA Committee on Waivers and Compromises (COWC). In July 2020, the Board remanded the appeal to the RO for additional development. The appeal has been returned to the Board for further consideration. The Board notes that the Veteran has another appeal pending at the Board. The Board is required by statute to adjudicate cases in docket order, except for certain situations set forth under 38 U.S.C.A. § 7107. As this case is not yet ready for adjudication under docket order requirements, the Board is prohibited from issuing a decision on the other issues on appeal. Accordingly, any additional issues remain pending at the Board and will be addressed in a separate decision in docket order. 1. The appeal seeking entitlement to a waiver of a $2,942.00 (of an original debt of $32,951.90) debt due to an overpayment in VA disability compensation benefits as a result of failure to withhold attorney fees In May 2018, October 2018, and September 2020 decisions, partial waivers were granted for the Veteran's overpayment debt. Taken together, these decisions represent a waiver of the full amount of the Veteran's overpayment debt. As such, this claim is dismissed as a matter of law, as there remains no case or controversy, or dispute of fact or law, regarding this issue. See U.S.C. § 7105. The benefit sought on appeal was granted. The claim is therefore dismissed. REASONS FOR REMAND 1. The validity of a $2,942.00 (of an original debt of $32,951.90) debt due to an overpayment in VA disability compensation benefits as a result of failure to withhold attorney fees is remanded. The development directed by the Board in the July 2020 remand was not accomplished. Where the remand orders of the Board or the Court are not complied with, the Board errs as a matter of law when it fails to ensure compliance. Stegall v. West, 11 Vet. App. 268, 271 (1998). In the July 2020 remand, the Board found that the Veteran raised the issue of the proper creation of the debt, to include the matter of sole administrative error. Resolution of the creation issue must precede consideration of the waiver issue and must include consideration as to whether the Veteran was either legally entitled to the benefits in question or, if the Veteran was not legally entitled, whether VA was solely responsible for the Veteran being erroneously paid benefits. Schaper v. Derwinski, 1Vet. App.430, 437 (1991) ("when a Veteran raises the validity of the debt as part of a waiver application... it is arbitrary and capricious and an abuse of discretion to adjudicate the waiver application without first deciding a veteran's challenge to the lawfulness of the debt asserted against him or her"); VAOPGCPREC 6-98 (July 24, 1998) (holding that when a veteran challenges the validity of the debt and seeks waiver of the debt, the [Regional Office] must first fully review the debt's validity and, if the office believes the debt to be valid, prepare a written decision fully justifying the validity of the debt before referring the waiver request to the Committee on Waivers and Compromises). A debtor may dispute the amount or existence of a debt, which is a right that may be exercised separately from a request for waiver or at the same time. 38 C.F.R. §1.911(c)(1). As this development has not been completed, a remand is necessary to adjudicate the issue of the validity of the overpayment debt. The matters are REMANDED for the following action: Adjudicate the issue of whether the overpayment of compensation benefits in the amount of $32,951.90 was properly created, to include the raised issue of sole VA administrative error. TANYA SMITH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Bynum, Associate 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.