Citation Nr: 18157722
Decision Date: 12/14/18	Archive Date: 12/13/18

DOCKET NO. 08-28 669
DATE:	December 14, 2018
ORDER
The appeal as to entitlement to an effective date earlier than March 31, 2006 for a grant of entitlement to nonservice-connected pension benefits is dismissed.
FINDING OF FACT
In November 2018, prior to the promulgation of a decision in the appeal, the Board of Veterans’ Appeals (Board) received notification from the Veteran that a withdrawal of the appeal as to the issue of entitlement to an effective date earlier than March 31, 2006 for a grant of entitlement to nonservice-connected pension benefits is requested.
CONCLUSION OF LAW
The criteria for withdrawal of an appeal by the Veteran have been met as to the issue of entitlement to an effective date earlier than March 31, 2006 for a grant of entitlement to nonservice-connected pension benefits.  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 from September 1981 to September 1984 and October 1986 to October 1992, to include service in the Southwest Asia Theater of Operations.   In December 2014 and March 2016 the Board remanded the issue on appeal for additional development.  The issue has now been returned to the Board for appellate review.
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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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.  In the present case, in November 2018 the Veteran indicated he had no intention of pursuing the issue on appeal and stated he would like to close the appeal, hence, there remain no allegations of errors of fact or law for appellate consideration.  
Given the above, the Board does not have jurisdiction to review the appeal as to the issue of entitlement to an effective date earlier than March 31, 2006 for a grant of entitlement to nonservice-connected pension benefits and the appeal is dismissed.
 
Nathan Kroes
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Gonzalez, Associate Counsel