Citation Nr: 21001069
Decision Date: 01/06/21	Archive Date: 01/06/21

DOCKET NO. 17-57 224
DATE: January 6, 2021

ORDER

The appeal as to the propriety of the termination of nonservice-connected pension benefits and special monthly pension based on the need for regular aid and attendance from September 3, 2010, is dismissed. 

FINDING OF FACT

In October 2020 correspondence, and prior to the promulgation of a decision in the appeal, the Veteran, through his conservator, requested to withdraw his appeal regarding entitlement to pension benefits from September 3, 2010.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran for the issue pertaining to the propriety of the termination of nonservice-connected pension benefits and special monthly pension based on the need for regular aid and attendance from September 3, 2010 have been met.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2019).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from October 1946 to September 1949. 

This matter comes to the Board of Veterans’ Appeals (Board) from a November 2016 decision which terminated the Veteran’s pension benefits effective April 1, 2010. 

In March 2019 and March 2020, the Board remanded the matter for further development. 

In an August 2020 decision, the Board denied the Veteran’s appeal as to the propriety of the termination of nonservice-connected pension benefits and special monthly pension based on the need for regular aid and attendance prior to September 3, 2010, and remanded the appeal as to the propriety of the termination of pension benefits from September 3, 2010 for further development.

The appeal as to the propriety of the termination of nonservice-connected pension benefits and special monthly pension based on the need for regular aid and attendance from September 3, 2010.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

In August 2020, the Board remanded the matter for further development, to include obtaining information on the Veteran’s net worth, including assets and income but excluding assets contained within the C. Family Irrevocable Trust, for each year since September 3, 2010. 

In October 2020 correspondence, the Veteran’s conservator submitted an order from the G. County Probate Court authoring the conservator to discontinue any further efforts regarding the denial, remand, and appeal of any and all pension related benefits.  The Veteran’s conservator indicated that he was discontinuing all efforts pertaining to the denial, remand, and appeal of any and all pension related benefits and would not be pursuing the matter further. 

The Board finds that the October 2020 written correspondence and court order contained the Veteran’s name, claim number, docket number, and was signed by his conservator and constitutes a clear, complete, and unambiguous withdrawal of the pension claim on appeal.  38 C.F.R. § 19.55; DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011).

Hence, there remain no allegations of error of fact or law for appellate consideration of the appeal as to the propriety of the termination of nonservice-connected pension benefits and special monthly pension based on the need for regular aid and attendance from September 3, 2010.  Accordingly, the Board does not have jurisdiction to review the appeal and the appeal is dismissed. 

 

 

K. Parakkal

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Owen, 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.