Citation Nr: A24029721
Decision Date: 06/06/24	Archive Date: 06/06/24

DOCKET NO. 200124-64362
DATE: June 6, 2024

ORDER

The appeal regarding an overpayment debt of 38 U.S.C. Chapter 33 (Post-9/11 GI Bill or Chapter 33) educational assistance benefits in the amount of $2,187 in tuition/fees, $225 for books/supplies, and $2,721.11 monthly housing allowance is dismissed.

FINDING OF FACT

In May 2024, prior to the promulgation of a decision in the appeal, the Veteran withdrew his appeal currently pending before the Board of Veterans' Appeals (Board).

CONCLUSION OF LAW

The criteria for withdrawal of the appeal regarding overpayment of 38 U.S.C. Chapter 33 (Post-9/11 GI Bill or Chapter 33) educational assistance benefits in the amount of $2,187 in tuition/fees, $225 for books/supplies, and $2,721.11 monthly housing allowance are met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served in the Army Reserve from October 2009 through the appeal period, with active duty from May 2011 to June 2012.  He appeals a December 2019 administrative letter from the Department of Veterans Affairs (VA) St. Louis Regional Office (RO) stating an overpayment debt of Chapter 33 benefits was created in the amount of $2,187 in tuition/fees, $225 for books/supplies, and $2,721.11 monthly housing allowance.  See January 2020 VA Form 10182.  Initially, the Veteran requested his appeal be placed on the Board hearing docket.

Prior to a Board hearing, in May 2024, the Veteran provided a letter and phone message that stating that his education debt was resolved and he "no longer wished to have a hearing or the appeal."  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  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.

As the Veteran explicitly and unambiguously withdrew the appeal currently before the Board, the appeal is dismissed.  See 38 U.S.C. § 7105, 38 C.F.R. § 20.205. 

 

DONNIE R. HACHEY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Bona, J.F.

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.