Citation Nr: 20002202
Decision Date: 01/10/20	Archive Date: 01/09/20

DOCKET NO. 16-26 334
DATE: January 10, 2020

ORDER

The appeal as to the issue of entitlement to an effective date earlier than August 29, 2013, for special monthly compensation based on housebound status is dismissed.

FINDING OF FACT

In correspondence dated in April 2019, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant, by his authorized representative, have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from November 1964 to October 1966.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2014 rating decision of a Department of Veterans Affairs (VA), Regional Office (RO), that, in pertinent part, granted entitlement to special monthly compensation based on housebound status, effective as of August 29, 2013.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.205.  

In the present case, in April 2019, the appellant, through his authorized representative, withdrew this appeal. The withdrawal was explicit, unambiguous, and done with a full understanding of the consequences of such action.  See Acree v. O'Rourke, 891 F.3d 1009 (Fed. Cir. 2018); DeLisio v. Shinseki, 25 Vet. App. 45 (2011). Hence, 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.

 

 

L. B. CRYAN

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.