Citation Nr: 19146972
Decision Date: 06/17/19	Archive Date: 06/17/19

DOCKET NO. 18-37 995
DATE:	June 17, 2019

ORDER

The appeal for entitlement to accrued benefits is dismissed.

FINDING OF FACT

In April 2019, prior to the promulgation of a decision in the appeal, the Board received notification from the Appellant, through her authorized representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Appellant (or her authorized representative) have been met.  38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from June 1943 to April 1946. The Veteran died in November 2015. The Appellant is the Veteran’s surviving spouse. This matter comes before the Board of Veterans’ Appeals (BVA or Board) from a May 2016 rating decision.

The issue of entitlement to service connection for the cause of the Veteran’s death was granted in a January 2019 rating decision, and as such, is no longer on appeal.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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  In the present case, the Appellant, through her authorized representative, has withdrawn this appeal for entitlement to accrued benefits, and hence, there remain no allegations of errors of fact or law for appellate consideration.  See April 2019 statement. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

TANYA SMITH

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	L. Andersen, Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.