Citation Nr: 20002894
Decision Date: 01/14/20	Archive Date: 01/13/20

DOCKET NO. 16-09 587
DATE: January 14, 2020

ORDER

The appeal for entitlement to special monthly compensation (SMC) based on a need for aid and attendance or at the housebound rate is dismissed.

FINDING OF FACT

On May 6, 2019, prior to the promulgation of a decision in the appeal, VA received notification from the Veteran that he wished to withdraw this appeal.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal by the Veteran have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2019).

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.  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Withdrawal may be made by the appellant or by his or her authorized representative.  Id.  On May 19, 2019, VA received a signed statement from the Veteran indicating his intent to withdraw from appeal the issue of entitlement to special monthly compensation based on the need for aid and attendance and/or at the housebound rate and, 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.

 

 

V. Chiappetta

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.