Citation Nr: 18147752
Decision Date: 11/06/18	Archive Date: 11/06/18

DOCKET NO. 15-43 577
DATE:	November 6, 2018
ORDER
The appeal of entitlement to special monthly pension is dismissed.
FINDING OF FACT
In October 2018, prior to the promulgation of a decision in the appeal, the Board received oral notification from the Veteran that a withdrawal of the issue on appeal was requested.
CONCLUSION OF LAW
The criteria for withdrawal of the appeal of entitlement to special monthly pension by the Veteran have been met.  38 U.S.C. § 7105 (b)(2), (d)(5) (2012); 38 C.F.R. §§ 20.202, 20.204 (2017).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran testified before the undersigned Veterans Law Judge in an October 2018 Travel Board hearing.  A transcript of that hearing has been associated with the file.
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.  A Substantive Appeal may be withdrawn any time before the Board promulgates a decision.  38 C.F.R. §§ 20.202, 20.204 (2017).  Withdrawal may be made by the Veteran or by his or her authorized representative.  38 C.F.R. § 20.204 (2017).
Here, the Veteran and his representative requested a withdrawal of the issue of entitlement to special monthly pension.  See October 17, 2018 hearing transcript.  Hence, there remains no allegation of error of fact or law for appellate consideration with respect to the claim on appeal.  
Accordingly, the Board does not have jurisdiction to review the issue on appeal, and it is dismissed.  

 
H.M. WALKER
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	T. Talamantes, Associate Counsel