Citation Nr: 20003768
Decision Date: 01/16/20	Archive Date: 01/15/20

DOCKET NO. 15-12 801
DATE: January 16, 2020

ORDER

The appeal for entitlement to basic eligibility to educational assistance benefits under 38 U.S.C. Chapter 33 (Post-9/11 GI Bill) is dismissed.

FINDING OF FACT

On April 2017, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of his appeal for entitlement to basic eligibility to Post-9/11 GI Bill educational assistance benefits is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran for entitlement to basic eligibility to educational assistance benefits under 38 U.S.C. Chapter 33 (Post-9/11 GI Bill) have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the U.S. Army from January 2013 to April 2013.  

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2014 decision by the Department of Veterans Affairs (VA) Regional Office (RO), which denied his claim for eligibility for Post-9/11 GI Bill benefits.

In a July 2019 correspondence, the Veteran withdrew his request for a Board hearing.  

Dismissal

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.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  In the present case, the Veteran has withdrawn his appeal for entitlement to basic eligibility to Post-9/11 GI Bill educational assistance benefits and, hence, there remain no allegations of errors of fact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.

 

 

LESLEY A. REIN

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.