Citation Nr: 1829948	
Decision Date: 12/14/18    Archive Date: 12/21/18

DOCKET NO.  15-23 411	)	DATE
	)
	)

On appeal from the decision of the 
Department of Veterans Affairs Regional Office in Waco, Texas


THE ISSUE

Entitlement to non-service connected pension benefits, to include whether the character of the appellant's discharge is a bar to benefits from the Department of Veterans Affairs (VA). 


REPRESENTATION

Appellant represented by:	Disabled American Veterans


WITNESS AT HEARING ON APPEAL

None


ATTORNEY FOR THE BOARD

J. L. Prichard, Counsel


INTRODUCTION

The appellant had active service from January 1974 to October 1975.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal of a decision of the Waco, Texas, Regional Office (RO) of the VA.

The appellant did not appear for his hearing before the undersigned Veterans Law Judge, which was scheduled for December 2016.  Instead, his representative made a short statement on his behalf.  A transcript is in the claims file.


FINDING OF FACT

On December 9, 2016, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative, that a withdrawal of this appeal is requested.


CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant (or his or her authorized representative) 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 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204 (2017).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 the present case, the appellant, through his authorized representative, withdrew this appeal at the December 2016 hearing.  The withdrawal is recorded in the hearing transcript.  Therefore, 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.


ORDER

The appeal is dismissed.



		
Paul Sorisio
	Veterans Law Judge, Board of Veterans' Appeals




Department of Veterans Affairs