Citation Nr: 22012160
Decision Date: 03/02/22	Archive Date: 03/02/22

DOCKET NO. 17-42 206
DATE: March 2, 2022

ORDER

The issue of whether the debt created by the removal of the Veteran's former spouse, Z., was validly created is dismissed as moot.

FINDING OF FACT

In an August 2021 decision, the Department of Veterans Affairs (VA) Committee on Waivers and Compromises (COWAC) granted a waiver of the entire debt created by the removal of the Veteran's former spouse, Z., representing a full grant of the benefits sought on appeal.

CONCLUSION OF LAW

As there remains no case or controversy affecting the provision of benefits by VA over which the Board may exercise jurisdiction, the issue of whether the debt created by the removal of the Veteran's former spouse, Z., was validly created is dismissed.  38 U.S.C. §§ 7104, 7105 (2012); 38 C.F.R. §§ 19.4, 19.5, 20.101 (2021).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran, who is the appellant in this case, served on active duty from January 1971 to October 1973.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2016 decision of a VA Regional Office (RO).

Whether the debt created by the removal of the Veteran's former spouse, Z., was validly created.

The Veteran has stated that the debt created by the removal of his former spouse, Z., was not validly created.  In March 2014, the Veteran notified VA that he and Z. were divorced in November 2001.

In a June 2016 decision, the RO removed Z. from the Veteran's award of VA disability compensation, effective December 1, 2001.  Thereafter, in a July 2016 letter, the VA Debt Management Center notified the Veteran that a debt in the amount of $25,199.65 had been created by the removal of the Veteran's former spouse, Z.  The Veteran challenged the validity of this debt and requested a waiver of recovery of the overpayment.

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In an August 2021 decision, the COWAC granted a waiver of the entire debt.  As the August 2021 decision represents a full grant of the benefits sought, and there is no longer a debt, the issue of whether the debt was validly created is no longer in appellate status as there is no case or controversy presently before the Board, and the appeal is dismissed.  See 38 U.S.C. § 7105.

 

 

S. B. MAYS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Thomas, 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.