Citation Nr: 22017627
Decision Date: 03/25/22	Archive Date: 03/25/22

DOCKET NO. 19-39 218
DATE: March 25, 2022

ORDER

The appeal is dismissed.  

 

FINDING OF FACT

In a March 2021 decision, the Regional Office's (RO) Committee on Waivers and Compromises (COWC) granted a waiver of recovery of an overpayment of VA compensation benefits in the amount of $13,622.62.

CONCLUSION OF LAW

The criteria for dismissal of waiver of recovery of an overpayment of VA compensation benefits in the amount of $13,622.62 are met.  38 U.S.C. § 7105; 38 C.F.R. § 20.104.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from September 1979 to January 1993.  

The case is on appeal from a February 2018 decision.

The Board notes that, in November 2021, the Veteran's appeal was placed on the Board's hearing docket.  However, prior to a hearing, the RO's COWC granted a full waiver of recovery of an overpayment of VA compensation benefits in the amount of $13,622.62.  See also February 2022 VA 21-4138 (Statement in Support of Claim) & March 2022 Appellate Brief (requesting that the Board consider the matter resolved).  

Overpayment of VA compensation benefits in the amount of $13,622.62.  

Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  In a March 2021 COWC decision, waiver of recovery of an overpayment of VA compensation benefits in the full amount of $13,622.62 based on changes in dependency was granted.  

Subsequently, in January 2022, the Veteran pointed out that the waiver had been granted when cancelling his Board hearing.  Additionally, in March 2022, the Veteran's representative considered the matter resolved.

Therefore, there is no case or controversy and there remain no allegations of errors of fact or law for appellate consideration with regard to this appeal.  Accordingly, it is dismissed.  

 

 

RYAN T. KESSEL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Taylor

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.