Citation Nr: 1323868	
Decision Date: 07/26/13    Archive Date: 08/06/13

DOCKET NO.  12-15 449	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Waco, Texas


THE ISSUE

Entitlement to death pension. 


REPRESENTATION

Appellant represented by:	Texas Veterans Commission


ATTORNEY FOR THE BOARD

L. Jeng, Counsel



INTRODUCTION

The Veteran reportedly served on active duty from April 1965 to April 1968.  He died in December 2009 and the appellant was married to the Veteran until their divorce in July 1995.   
 
This case comes before the Board of Veterans' Appeals (the Board) on appeal from a December 2010 decision of a Department of Veterans Affairs (VA) Regional Office (RO).  

On her VA Form 9, Appeal to Board of Veterans' Appeals, the appellant requested a hearing before a Veterans Law Judge.  A hearing was subsequently scheduled for her in July 2013.  However, she withdrew her hearing request in person in July 2013.  Under these circumstances, the regulations consider the hearing request to have been withdrawn.  38 C.F.R. § 20.704(e) (2012).  


FINDINGS OF FACT

Prior to the promulgation of a decision in the appeal, the appellant requested that her appeal for entitlement to death pension be withdrawn.


CONCLUSION OF LAW

The criteria for withdrawal of the appeal for entitlement to service connection for  death pension have been met.  38 U.S.C.A. § 7105 (West 2002); 38 C.F.R. § 20.204 (2012).



REASONS AND BASES FOR FINDING AND CONCLUSION

A substantive appeal may be withdrawn on the record or in writing at any time before the Board promulgates a decision.  38 C.F.R. § 20.202 (2012).  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204 (2012).

In a statement received in July 2013, the appellant explicitly stated that she was  withdrawing her appealed claim for entitlement to death pension.  Because the appellant has clearly indicated her wish to withdrawal the appeal as to the claim for entitlement to death pension, there remains no allegation of errors of fact or law for appellate consideration.  See 38 C.F.R. § 20.204 (2012).  Under 38 U.S.C.A. 
§ 7105 (West 2002), the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  Accordingly, the Board does not have jurisdiction to review this appeal and it is therefore dismissed.


ORDER

The appeal of the denial of entitlement to death pension is dismissed. 





____________________________________________
MICHAEL A. PAPPAS
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs