Citation Nr: 18157956
Decision Date: 12/14/18	Archive Date: 12/13/18

DOCKET NO. 15-19 714
DATE:	December 14, 2018
ORDER
The issue of entitlement to Department of Veterans Affairs (VA) death pension and accrued benefits is dismissed.
FINDING OF FACT
In February 2016, prior to the promulgation of a decision in the appeal, the Board of Veterans’ Appeals (Board) received notification from the appellant that a withdrawal of the appeal as to the issue of entitlement to VA death pension and accrued benefits was requested.
CONCLUSION OF LAW
The criteria for withdrawal of an appeal by the appellant have been met as to the issue of entitlement to VA death pension and accrued 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 November 1942 to September 1946.  The appellant claimed for benefits as the Veteran’s surviving adult daughter.
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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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 February 2016 the appellant indicated she had no intention of pursuing the issue on appeal and stated she would like to close the appeal.  In September 2016 the appellant called VA to confirm that her appeal has been closed, 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 VA death pension and accrued benefits and the appeal is dismissed.

 
Nathan Kroes
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Gonzalez, Associate Counsel