Citation Nr: 18154851
Decision Date: 11/30/18	Archive Date: 11/30/18

DOCKET NO. 13-10 255
DATE:	November 30, 2018
ORDER
The issue of entitlement to Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35 prior to May 31, 2016, having been withdrawn, is dismissed.
FINDING OF FACT
In November 2018, prior to the promulgation of a decision in the matter, the Veteran requested to withdraw her appeal of entitlement to DEA prior to May 31, 2016, leaving no questions of fact or law in this matter remaining for the Board to consider.
CONCLUSION OF LAW
The criteria for withdrawal of an appeal by the Veteran have been met with respect to the claim for Dependents' Educational Assistance under 38 U.S.C. Chapter 35 prior to May 31, 2016; the Board has no further jurisdiction in this matter. 38 U.S.C. §§ 7104, 7105 (2012); 38 C.F.R. §§ 20.202, 20.204 (2017).
REASONS AND BASES FOR FINDING AND CONCLUSION
Under 38 U.S.C. § 7104, the Board has jurisdiction where there is a question of law or fact necessary to a decision by the Secretary of VA under a law that affects the provision of benefits administered by VA. See 38 C.F.R. § 20.101 (2017). Under 38 U.S.C. § 7105(d)(5), the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. Under 38 U.S.C. § 7105(a), an appeal to the Board is initiated by a notice of disagreement and completed by a substantive appeal after a statement of the case (SOC) is furnished to the veteran. See 38 C.F.R. § 20.200. A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision.  Withdrawal may be made by the appellant or by an authorized representative. 38 C.F.R. § 20.204(a)(b). 
In November 2018, the Veteran stated in writing that she wished to withdraw her appeal. As the Veteran has withdrawn her appeal, there remains no allegation of error of fact or law for appellate consideration. Accordingly, the Board has no further jurisdiction in this matter, and the appeal must be dismissed.

 
H. SEESEL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Christensen