Citation Nr: 18149884
Decision Date: 11/14/18	Archive Date: 11/13/18

DOCKET NO. 18-04 760
DATE:	November 14, 2018
ORDER
The appeal as to entitlement to accrued benefits is dismissed.
FINDING OF FACT
In a September 2018 written correspondence, the appellant withdrew from appeal the issue of entitlement to accrued benefits.

CONCLUSION OF LAW
The criteria for withdrawal of a Substantive Appeal pertinent to the issue of entitlement to accrued benefits have been met. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2017). 


REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from September 1976 to September 1980 and from August 1983 to October 1992.  He died in May 2004.  The appellant is his surviving spouse.  
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2016 administrative decision of a Department of Veterans Affairs (VA) Regional Office (RO), which denied entitlement to accrued benefits and dependency and indemnity compensation (DIC), to include service connection for the cause of the Veteran’s death.
In December 2017, the appellant was notified that the December 2016 decision did not include a decision on death pension, and therefore that issue was not included in her appeal.
In a June 2018 rating decision, the Veterans Benefits Administration RO awarded DIC by granting service connection for the cause of the Veteran’s death.  As this matter represents a full grant of the issue previously on appeal, it is no longer before the Board.
In October 2018, the appellant submitted a notice of disagreement with respect the effective date assigned in the June 2018 rating decision for service connection for the cause of the Veteran’s death. VA's Veterans Appeals Control and Locator System (VACOLS) indicates that the RO has already acknowledged the NOD and that the RO is continuing to work on that matter.  As the RO has acknowledged receipt of the NOD and VACOLS indicates that further action is pending at the RO, this situation is distinguishable from Manlincon v. West, 12 Vet. App. 238 (1999), where a NOD had not been recognized.  As VACOLS reflects that the NOD has been recognized and that additional action is pending, Manlincon is not applicable in the present case. Therefore, that particular claim remains under the jurisdiction of the RO at this time.
Entitlement to Accrued Benefits 
The Board notes that under 38 U.S.C. § 7105, the Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed. A Substantive Appeal may be withdrawn on the record at a hearing or in writing at any time before the Board promulgates a decision. 38 C.F.R. § 20.204. Withdrawal may be made by the appellant or by his or her authorized representative. Id.  
In a September 2018 written correspondence, the appellant indicated that she wished to withdraw her appeal as to the matter of entitlement to accrued benefits.
As the appellant has withdrawn the matter as to the issue of entitlement to accrued benefits, there remain no allegations of errors of fact or law for appellate consideration at this time.  Accordingly, the Board does not have jurisdiction to review this issue on appeal and it is dismissed.
 
A. S. CARACCIOLO
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	G. E. Wilkerson, Counsel