Citation Nr: 20005227
Decision Date: 01/23/20	Archive Date: 02/18/20

DOCKET NO. 16-13 724
DATE: January 23, 2020

ORDER

The appeal regarding the claim for entitlement to special monthly compensation based on loss of use of left eye is dismissed.

FINDING OF FACT

On June 7, 2019, prior to the promulgation of a Board of Veterans’ Appeals (Board) decision on the appeal, the Veteran submitted a written withdrawal of his appeal regarding his claim for entitlement to special monthly compensation based on loss of use of left eye.

CONCLUSION OF LAW

The criteria for withdrawal of a substantive appeal have been met; the Board does not have appellate jurisdiction to review the claim for entitlement to special monthly compensation based on loss of use of left eye.  38 U.S.C. §§ 7105(a), 7108; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from November 1986 to June 1989.  This matter is before the Board on appeal from a rating decision of a Department of Veterans Affairs (VA) Regional Office (RO) dated May 2014.  

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.  A substantive appeal may be withdrawn in writing by an appellant or authorized representative at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  In June 2019, the Veteran submitted a signed VA Form 21-4138 that requested withdrawal of his substantive appeal of his claim for entitlement to special monthly compensation based on loss of use of left eye.  As such, there remain no allegations of errors of fact or law for appellate consideration.  The Board does not have jurisdiction to review the appeal and it is dismissed.  38 C.F.R. § 20.205.

 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Leamon

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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.