Citation Nr: 20021037
Decision Date: 03/24/20	Archive Date: 03/24/20

DOCKET NO. 18-02 231
DATE: March 24, 2020

ORDER

Entitlement to special monthly compensation (SMC) based upon aid and attendance is dismissed.

FINDING OF FACT

In a March 2020 statement, the Veteran withdrew the pending appeal as to the claim of entitlement to SMC based upon aid and attendance.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal with respect to the claim of entitlement to SMC based upon aid and attendance are met.  38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from August 1954 to July 1956.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Albuquerque, New Mexico, which denied the Veteran’s claim.  He filed a notice of disagreement (NOD) in September 2017 and a statement of the case (SOC) was issued in November 2017.  He perfected a timely appeal in January 2018.

1. Entitlement to SMC based upon aid and attendance.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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 a statement dated March 2020, the Veteran expressed his desire to withdraw the pending appeal of the claim of entitlement to SMC based upon aid and attendance.  The Board finds that the statement is explicit and unambiguous.  The statement is deliberate and specific, reflecting that it was therefore done with a full understanding of the consequences of such action.  DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011).  Hence, no allegations of errors of fact or law remain for appellate consideration with respect to the claim of entitlement to SMC based upon aid and attendance, the only claim currently before the Board.  Accordingly, the Board does not have jurisdiction to review the appeal as to this matter, and it must be dismissed.

 

 

K. Conner

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. K. Buckley, 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.