Citation Nr: 18155202
Decision Date: 12/04/18	Archive Date: 12/03/18

DOCKET NO. 15-26 064
DATE:	December 4, 2018
ORDER
The appeal for whether Social Security income was counted correctly when determining eligibility to VA nonservice-connected pension benefits is dismissed.
FINDING OF FACT
In November 2018, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of this appeal is requested.
CONCLUSION OF LAW
The criteria for withdrawal of an appeal by the Veteran have been met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty in the United States Navy from September 1973 to May 1985 and from June 1985 to March 1988.
In the Veteran’s July 2015 VA Form 9, the Veteran requested a Board hearing via live videoconference. In November 2018, the Veteran submitted a statement withdrawing his appeal and cancelled his request for a hearing. Therefore, the request for a Board hearing is deemed withdrawn. 38 C.F.R. § 20.702.
The appeal for whether Social Security income was counted correctly when determining eligibility to VA nonservice-connected pension benefits
The Board has jurisdiction where there is a question of law or fact on appeal to the Secretary. 38 U.S.C. § 7104; 38 C.F.R. § 20.101. Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege a specific error of fact or law in the determination being appealed. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204(a). Unless an appeal is withdrawn on the record at a hearing, appeal withdrawals must be in writing and must include the name of the veteran, the name of the claimant or appellant if other than the veteran, the applicable VA file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety, or list the issue(s) withdrawn from the appeal. 38 C.F.R. § 20.204(b)(1). Until the appeal is transferred to the Board, an appeal withdrawal is effective when received by the agency of original jurisdiction. 38 C.F.R. § 20.204(b)(3).
In a November 2018 statement, the Veteran requested that his appeal be withdrawn. The statement contained the name of the Veteran, the applicable VA file number, and a statement that his appeal be withdrawn. Accordingly, the Veteran’s withdrawal is in compliance with 38 C.F.R. § 20.204(b)(1).
When pending appeals are withdrawn, there is no longer an allegation of error of fact or law with respect to the decision below. In such circumstances, dismissal of the appeal is appropriate. 38 U.S.C. § 7105(d)(5). The Board finds that the Veteran’s appeal has been withdrawn. The Board does not have jurisdiction over the issues; therefore, the Veteran’s appeal is dismissed.
 
A. P. SIMPSON
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	R. Husain, Associate Counsel