Citation Nr: 20021402
Decision Date: 03/25/20	Archive Date: 03/25/20

DOCKET NO. 19-35 923
DATE: March 25, 2020

ORDER

Entitlement to accrued benefits has been withdrawn.

FINDING OF FACT

Prior to the promulgation of a decision in this appeal the Appellant expressed that she wished to withdraw the issue on appeal. 

CONCLUSION OF LAW

The criteria for withdrawal of entitlement to accrued benefits by the Appellant (or his or her authorized representative) have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

Entitlement to accrued benefits

The Veteran had active service from October 1976 to October 1986. He died in April 1994. As reflected by a July 1995 grant of Dependency and Indemnity compensation (DIC), the Appellant is the Veteran’s surviving spouse. This matter comes before the Board of Veterans’ Appeals (Board) on appeal of a January 2019 denial of entitlement to accrued benefits by a Department of Veterans Affairs (VA) Regional Office (RO). 

The Appellant filed her claim for accrued benefits in July 2018. The Appellant’s claim was denied in January 2019. She timely appealed by a June 2019 Notice of Disagreement (NOD) and subsequently perfected her appeal by an October 2019 Form 9. In February 2020 VA received correspondence from the Appellant stating that she wished to “cancel appeal open [in]” June 2019. 

A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision.  38C.F.R. §20.202.  Withdrawal may be made by the appellant or by his or her authorized representative.  38C.F.R. §20.204. Under 38U.S.C. §7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  

(Continued on the next page)

 

The Appellant’s February 2020 correspondence to VA unambiguously reflects a desire not to further pursue her claim. When a pending appeal is withdrawn, there is no longer an allegation of error of fact or law with respect to the determination that had been previously appealed.  Consequently, dismissal of the pending appeals is the appropriate disposition.  38U.S.C. §7105(d).  Accordingly, further action by the Board concerning this claim is not warranted, and the appeal of this claim is dismissed.  Id.

 

 

Eric S. Leboff

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	E. Cody Sametshaw

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.