Citation Nr: 20003812
Decision Date: 01/16/20	Archive Date: 01/15/20

DOCKET NO. 17-52 255
DATE: January 16, 2020

ORDER

As the claim of entitlement to an additional amount of accrued benefits has been withdrawn, the appeal as to this issue is dismissed.

FINDING OF FACT

In January 2020, prior to the promulgation of a decision in the appeal, the Board received written notification from the appellant’s representative that the appellant wished to withdraw the issue on appeal regarding additional accrued benefits.

CONCLUSION OF LAW

The criteria for withdrawal as to the issue of entitlement to an additional amount of accrued benefits by the appellant (or his or her authorized representative) are 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 from May 1942 to July 1943.  The Veteran died in March 1979.  The appellant is the Veteran’s daughter and cared for the Veteran’s surviving spouse (her mother) prior to the death of the surviving spouse in March 2015.  

This case is before the Board of Veterans’ Appeals (Board) on appeal from an April 2016 Regional Office (RO) administrative decision.  In that decision, the RO granted the accrued benefit of $480 for reimbursement of burial expenses for the Veteran’s widow.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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 this case, the appellant’s Veteran’s representative submitted a written statement in January 2020, stating that the appellant withdraws the issue on appeal regarding entitlement to additional amount of accrued benefits.  The representative’s withdrawal was explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant.  See DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011).  Therefore, the appellant has withdrawn this appeal and there remain no allegations of errors of fact or law for appellate consideration.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	B. Berry, 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.