Citation Nr: 19166316
Decision Date: 08/27/19	Archive Date: 08/27/19

DOCKET NO. 17-18 217
DATE: August 27, 2019

ORDER

The Veteran’s appeal with respect to entitlement to a dependency allowance for daughter M as school child dependent has been withdrawn.

FINDING OF FACT

In May 2018, the Veteran’s accredited representative notified the Department of Veterans Affairs (VA) that the Veteran wished to withdraw his appeal with respect to entitlement to a dependency allowance for daughter M as school child dependent.

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); 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from February 1976 to February 1979 and from July 1981 to February 1998.  He also had service in the United States Army Reserve, to include a period of active duty for training from October 1974 to February 1975.

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a May 2016 determination by a VA Regional Office.

Dismissal

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  See 38 U.S.C. § 7105(d)(5).  A substantive appeal may be withdrawn at any time before the Board promulgates a decision and must be in writing except for appeals withdrawn on the record at a hearing.  38 C.F.R. § 20.204.

In May 2018, prior to the promulgation of an appellate decision, the Veteran indicated, through his authorized representative, that he wished to withdraw the present appeal.  As he has withdrawn the appeal, there remain no allegations of error of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it must be dismissed. 

 

DAVID A. BRENNINGMEYER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	John Kitlas, 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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.