Citation Nr: 20021992
Decision Date: 03/30/20	Archive Date: 03/30/20

DOCKET NO. 17-43 320
DATE: March 30, 2020

ORDER

The issue of whether it was proper to create an overpayment due to the removal of the Veteran’s spouse, M.S., from his award of VA disability compensation is dismissed.

The issue of whether the Veteran’s spouse, F.P., may be added to his award of VA disability compensation award of VA disability compensation to reduce the overpayment is dismissed.

FINDING OF FACT

On March 12, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant have been 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, who is the appellant in this case, served on active duty from September 1963 to June 1977.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.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In the present case, the appellant has withdrawn this appeal as to the issues of whether it was proper to create an overpayment due to the removal of M.S. from his award of VA disability compensation and whether F.P. may be added to his award of VA disability compensation award of VA disability compensation to reduce the overpayment 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 appeal and it is dismissed.

 

 

S. B. MAYS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Thomas, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.