Citation Nr: 21001038
Decision Date: 01/06/21	Archive Date: 01/06/21

DOCKET NO. 14-44 394
DATE: January 6, 2021

ORDER

The appeal for entitlement to special adaptive housing or a special home adaptation grant is dismissed.

FINDING OF FACT

In June 2016, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his authorized representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal for entitlement to special adaptive housing or a special home adaptation grant by the Veteran, or his authorized representative, have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from December 1973 to October 1974. The Veteran died in October 2018. In September 2019, the appellant, the Veteran’s surviving spouse, was properly substituted as claimant. See September 2019 letter.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2014 decision.

In June 2016, the Veteran testified at a hearing before a Veterans Law Judge (VLJ) who is no longer employed by the Board. A transcript is associated with the claims file.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.  Withdrawal may be made by the Veteran or by his or her authorized representative.  Id.  

In the present case, the Veteran, through his authorized representative, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration. 

Of note, the Veteran first made an oral withdrawal of the appeal during the June 2016 Board hearing. See June 2016 BVA Hearing Transcript, page 6. The Veteran explained during the hearing that there was not enough length in his home setting to put in the ramp he originally wanted, and since that time, he was given a scooter, so VA decided he needed a lift to get him in and out of his house.

After the June 2016 hearing, a written request for withdrawal was received in June 2016. The written statement included the name of the Veteran, the applicable VA file number, and a statement requesting that the appeal for entitlement to an adaptive housing grant for a ramp to be built onto his home to be withdrawn. As such, the Board finds the June 2016 written withdraw request meets the requirements of 38 C.F.R. § 19.55(b)(1).

Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

TANYA SMITH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	L. Andersen, 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.