Citation Nr: 18155355
Decision Date: 12/04/18	Archive Date: 12/04/18

DOCKET NO. 15-18 445
DATE:	December 4, 2018
ORDER
Entitlement to an earlier effective date for spouse aid and attendance is dismissed.
FINDING OF FACT
On August 9, 2018, prior to the promulgation of a decision in the appeal, the RO received notification from the Veteran’s representative that a withdrawal of this appeal is requested. 
CONCLUSION OF LAW
The criteria for withdrawal of an appeal 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 June 1953 to September 1981.
Entitlement to an earlier effective date for spouse aid and attendance is dismissed.
The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  38 U.S.C. § 7105.  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204.
Except for appeals withdrawn on the record at a hearing, appeal withdrawals must be in writing.  They must include the name of the veteran, the applicable VA file number, and a statement that the appeal is withdrawn.  38 C.F.R. § 20.204 (b)(1).  
In the present case, a written notice was received on August 9, 2018, that states: “As the accredited representative of the above referenced claimant [the Veteran], we are requesting the following action: Veteran is requesting to withdraw his Appeal and hearing from the BVA.  Please take the action required to grant the request from the veteran.”  The notice is signed by the representative and lists the Veteran’s name and VA file number.  Accordingly, the statement complies with the criteria for the form and content of withdrawing an appeal.  38 C.F.R. § 20.204.  As such, the withdrawal is effective August 9, 2018, the date it was received. 
The U.S. Court of Appeals for Veterans Claims (Court) has indicated that the filing of a claim is a voluntary act, and that veterans are as free to withdraw claims as they are to file them.  The Court further held that when a claim is withdrawn by a veteran, it ceases to exist; it is no longer pending and it is not viable. Hanson v. Brown, 9 Vet. App. 29 (1996).  
The Board therefore finds that after withdrawing his substantive appeal, the Veteran’s claim for entitlement to an earlier effective date for spouse aid and attendance was no longer pending and ceased to exist.  38 C.F.R. § 20.204; Hanson, supra.  Additionally, the Board notes that there is no provision in the law or the regulations that would allow the Veteran to “reinstate” his substantive appeal once it has been withdrawn.
The Board is aware of the informal hearing presentation filed by the Veteran’s representative in October 2018, subsequent to the withdrawal.  The representative puts forth argument in support of the withdrawn claim and notes that the withdrawal “was not signed by the appellant.”  The Board reiterates that a withdrawal may be made by an appellant’s authorized representative.  See 38 C.F.R. § 20.204 (a).  Here, the Veteran’s authorized representative signed the withdrawal.  Furthermore, to the extent that the representative’s informal hearing presentation is an effort to recant the withdrawal in question, a withdrawal of a withdrawal is not allowed under either the VA regulation, 38 C.F.R. § 20.204, or the Court’s jurisprudence.  See Hanson, 9 Vet. App. at 31.
Hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal, and it is dismissed.

 
E. I. VELEZ
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. Foster, Associate Counsel