Citation Nr: 1829944	
Decision Date: 12/03/18    Archive Date: 12/21/18

DOCKET NO.  10-23 280	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs (VA) Regional Office (RO)
 in Waco, Texas


THE ISSUE

Entitlement to special monthly compensation (SMC) based on the need for the regular aid and attendance of another person (A&A), prior to November 12, 2014.


REPRESENTATION

Veteran represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

K. Neilson, Counsel



INTRODUCTION

The Veteran served on active duty from July 1969 to May 1970.

This appeal to the Board of Veterans' Appeals (Board) arose from a December 2009 decision by the RO in Waco, Texas, that denied entitlement to SMC based on A&A.  The Veteran filed a notice of disagreement in March 2010 and a statement of the case (SOC) was issued in May 2010.  The Veteran filed a substantive appeal (via a VA Form 9 (Appeal to Board of Veterans' Appeals)) in June 2010.

The Board notes that on his VA Form 9, the Veteran requested a Board hearing before a Veterans Law Judge, at the RO.  The Veteran was scheduled for a Board video-conference hearing to be held on November 19, 2018; however, as discussed below, on the day of his scheduled hearing, the Veteran withdrew his appeal, and the hearing was canceled.

Regarding characterization of the appeal, the Board notes that following submission of the Form 9, the RO, via an April 2015 rating decision, granted entitlement to SMC based on A&A, effective November 12, 2014.  In September 2016, the RO issued a supplemental SOC (SSOC) addressing the issue of entitlement to SMC prior to November 12, 2014, and later certified that issue for appeal.  


FINDING OF FACT

In a November 2018 statement, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that he wished to withdraw his claim on appeal.




CONCLUSION OF LAW

The criteria for withdrawal of an appeal are 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 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 (2012).  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2017).  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.204.

In a November 2018 statement on the date of a scheduled hearing, the Veteran requested that his appeal be withdrawn.  Given the withdrawal, no allegations of errors of fact or law remain for appellate consideration.  The Board therefore does not have jurisdiction to review the appeal as to the claim of entitlement to SMC based on aid and attendance prior to November 12, 2014, and it must be dismissed.


ORDER

The appeal is dismissed.



____________________________________________
JACQUELINE E. MONROE
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs