Citation Nr: 20071024 Decision Date: 11/04/20 Archive Date: 11/04/20 DOCKET NO. 18-42 528 DATE: November 4, 2020 ORDER The appeal as to the issue of entitlement to accrued benefits is dismissed. The appeal as to the issue of entitlement to death pension benefits is dismissed. FINDINGS OF FACT 1. In a September 2020 statement, the Appellant explicitly, unambiguously, and with a full understanding of the consequences of such action, withdrew the appeal as to the issue of entitlement to accrued benefits. 2. In a September 2020 statement, the Appellant explicitly, unambiguously, and with a full understanding of the consequences of such action, withdrew the appeal as to the issue of entitlement to death pension benefits. CONCLUSIONS OF LAW 1. The criteria for withdrawal of an appeal as to the issue of entitlement to accrued benefits are met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. §§ 20.202, 20.204; Acree v. O’Rourke, 891 F.3d (Fed. Cir. 2018). 2. The criteria for withdrawal of an appeal as to the issue of entitlement to death pension benefits are met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. §§ 20.202, 20.204; Acree v. O’Rourke, 891 F.3d (Fed. Cir. 2018). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the Marine Corps from January 1951 to January 1954. He died in October 2017. The Appellant is the Veteran’s spouse. During the pendency of the appeal, a July 2019 rating decision granted entitlement to service connection for the cause of the Veteran’s death. As the July 2019 decision represents a full grant of the benefit sought, the issue is no longer before the Board. See Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997). The Appellant requested a hearing before the Board of Veterans’ Appeals (Board) in the July 2018 VA Form 9. The Appellant withdrew her request for a hearing in April 2020 correspondence. Lastly, the Board notes that the Appellant was previously represented by Attorney A.G.W. during the course of this appeal. See February 2018 VA Form 21-22. In an April 2020 letter, after certification of the Appellant’s appeal to the Board, Mr. W. attempted to withdraw his services as the Appellant’s representative. The Board notes that the decision to withdraw from representation after certification of an appeal is not a unilateral choice to be exercised at the discretion of the representative. Once an appeal has been certified to the Board, a representative may not withdraw without showing good cause through a written motion. 38 C.F.R. § 20.6(a)(2). Here, the attorney submitted a withdrawal after certification of the appeal to the Board and did not provide good cause reasons for withdrawing representation. Mr. W. has not made an appropriate motion to withdraw representation, as prescribed by 38 C.F.R. § 20.6(a)(2), and the Appellant has not appointed a new representative. Thus, the attorney remains the appointed representative for the purposes of deciding this appeal. In any event, the Board has determined that there is no jurisdiction in this case, as detailed below. The Board may dismiss any appeal that fails to allege a 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 issue involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204(a). Withdrawal may be made by the appellant or by his or her authorized representative on the record during a hearing before the Board or in writing. 38 C.F.R. § 20.204(b). Here, the Appellant submitted correspondence in April 2020 which included the statement “I have decided not to pursue this issue anymore.” The Board sent a clarification letter to the Appellant in September 2020 to determine which, if any, issues the Appellant desired to withdraw from their appeal. In response, the Appellant submitted September 2020 correspondence which stated it was her “intent to withdraw any and all appeals before the Board.” Thus, the Board finds the Appellant has explicitly, unambiguously, and with a full understanding of the consequences withdrawn these issues. See Acree v. O’Rourke, 891 F.3d 1009 (Fed. Cir. 2018). As there is no remaining allegation of error of fact or law for appellate consideration regarding these issues, the Board does not have jurisdiction to review them, and they are dismissed. A. C. MACKENZIE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board B. N. Quarles, Associate 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.