Citation Nr: 21041172
Decision Date: 07/08/21	Archive Date: 07/08/21

DOCKET NO. 18-13 502
DATE: July 8, 2021

ORDER

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

FINDING OF FACT

On September 23, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his representative, that a withdrawal of his appeal regarding the issue of entitlement to a waiver of the recovery of an overpayment of VA disability compensation benefits was requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran (or his or her authorized representative) are met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Marine Corps from June 1978 to January 1979 and from January 1991 to August 1991. This matter comes before the Board of Veterans' Appeals (Board) from a decision by the VA Agency of Original Jurisdiction (AOJ). 

Entitlement to a waiver of the recovery of an overpayment of VA disability compensation benefits 

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. Withdrawal may be made by the veteran or by his or her authorized representative. 38 C.F.R. § 19.55. In the present case, the Veteran, through his representative, submitted a September 2020 written statement stating that he was withdrawing his appeal of the issue of entitlement to a waiver of the recovery of an overpayment of VA disability compensation. As the Veteran's representative submitted a written statement indicating in clear language that the Veteran wished to withdraw his appeal, the Board finds that the withdrawal was explicit, unambiguous and done with the full understanding of the consequences of such an action. See DeLisio v. Shinseki, 25 Vet. App. 45 (2011). Hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

S. L. Kennedy

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Robert Batten

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.