Citation Nr: 18151518
Decision Date: 11/19/18	Archive Date: 11/19/18

DOCKET NO. 16-49 029
DATE:	November 19, 2018
ORDER
The appeal of the issue of whether there is clear and unmistakable evidence in the assignment of the May 1, 2013 effective date for the removal of the Veteran's spouse from his award is dismissed.
FINDING OF FACT
In a September 2018 correspondence, the Veteran informed the Board that the issue of whether there is clear and unmistakable evidence in the assignment of the May 1, 2013 effective date for the removal of his late spouse from his award had been resolved and that he wished to terminate his appeal.
CONCLUSION OF LAW
The criteria for withdrawal of an appeal of the issue of whether there is clear and unmistakable evidence regarding the assignment of the May 1, 2013 effective date for the removal of the Veteran’s late spouse from his award by the appellant have been met.  38 U.S.C. §§ 7105(b) and (d); 38 C.F.R. § 20.204.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran had active service from July 1979 to May 1999.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2015 decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).
Whether there was clear and unmistakable evidence in the assignment of the May 1, 2013 effective date for the removal of the Veteran's spouse from his award
In a September 2018 correspondence, the Veteran informed the Board that the issue of whether there was clear and unmistakable evidence in the assignment of the May 1, 2013 effective date for the removal of his late spouse from his award had been resolved and that he wished to terminate his appeal.  As the Veteran has asserted that he wants to withdraw the issue on appeal, under 38 U.S.C. § 7105, the Board does not have jurisdiction over the issue which was withdrawn.  Pursuant to 38 C.F.R. § 20.204, a Veteran can withdraw an appeal through written correspondence.  Thus, the Board has no jurisdiction to consider the withdrawn issue and it shall therefore be dismissed.
 
MICHAEL A PAPPAS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Department of Veterans Affairs