Citation Nr: 20006348
Decision Date: 01/27/20	Archive Date: 01/24/20

DOCKET NO. 19-12 414A
DATE: January 27, 2020

ORDER

Entitlement to recognition as the valid surviving spouse of the Veteran for purposes of VA benefits is dismissed.

REFERRED

The issue of whether new and material evidence had been received to open a claim as to whether S. A. J. is an adult helpless child of the Veteran was raised in a May 2019 statement within the Appeal to Board of Veterans’ Appeals (VA Form 9) and is referred to the Agency of Original Jurisdiction (AOJ) for adjudication.

FINDING OF FACT

The issue of entitlement to recognition as the valid surviving spouse of the Veteran for purposes of VA benefits is not currently on appeal before the Board.

CONCLUSION OF LAW

The criteria for dismissal of an appeal for entitlement to recognition as the valid surviving spouse of the Veteran for purposes of VA benefits by the appellant have been met.  38 U.S.C. § 7105; 38 C.F.R. §§ 20.204, 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served in the United States Army from April 1971 until his honorable discharge in April 1973.  The Veteran passed away in June 2017.  The appellant is the biological mother of the Veteran’s biological adult daughter.  

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2017 decision by the Regional Office (RO) of the United States Department of Veterans Affairs (VA).

Entitlement to recognition as the valid surviving spouse of the Veteran for purposes of VA benefits.

The appellant generally asserts that she is entitled to recognition as the surviving spouse of the Veteran.  She filed a timely filed a notice of disagreement (VA Form 21-0958) in April 2018 noting that she needed benefits to care for her disabled daughter.

In February 2019, the RO issued a Statement of the Case affirming the denial of the appellant’s claim and finding that she does not meet the criteria of a surviving spouse for VA purposes.

In May 2019, the appellant filed an Appeal to Board of Veterans’ Appeals (VA Form 9) indicating that she had read the statement of the case and is only appealing the issue that the Veteran has a disabled daughter.

The Board notes that the issue reflected within the Appeal to Board of Veterans’ Appeals (VA Form 9), specifically the issue of an adult helpless child, is not an issue before the Board.  Furthermore, the appellant did not appeal the issue included within the February 2019 Statement of the Case and it is not properly before the Board.  Therefore, the appellant failed to allege specific error of fact or law in the determination being appealed.

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. § 20.205.  In the present case, the appellant has withdrawn this appeal 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 issue on appeal and it is dismissed. 

 

KRISTY L. ZADORA

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	G. Deemer

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.