Citation Nr: A25004635
Decision Date: 01/21/25	Archive Date: 01/21/25

DOCKET NO. 200518-480572
DATE: January 21, 2025

ORDER

The appeal concerning entitlement to a waiver request of $13,655.92 is dismissed.

FINDING OF FACT

On January 14, 2024, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, at an oral hearing before the undersigned, that a withdrawal of this appeal (H200518-480572) is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served honorably in the U.S. Navy from April 1981 to January 1986.

This matter comes before the Board on appeal of a March 2020 decision denying a waiver of indebtedness. In a May 2020 VA form 10182 notice of disagreement (NOD), the Veteran elected the hearing docket. This hearing was held on January 14, 2025, before the undersigned. Unfortunately, the Veteran was assigned four separate hearing dockets before the same judge on the same day for separate issues. In an attempt to clarify the appeals stream, the Veteran elects to withdraw three of the dockets and have all of the appeals go forward through one appeals docket. The waiver of overpayment issue was specifically discussed after the Veteran stated he wanted to withdraw the appeal.  The Veteran was advised on the record that withdrawal of the appeal would result in the Board not rendering a decision and that the decision of the AOJ would remain in full effect.  The Veteran acknowledged this and reasserted his request to withdraw this appeal. 

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.205.  In the present case, the appellant, during his oral hearing before the undersigned, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration. The Veteran was advised on the record of all necessary issues at the hearing. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

Thomas L. English

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Seibert, Andrew L. II

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.