Citation Nr: 21002242
Decision Date: 01/13/21	Archive Date: 01/13/21

DOCKET NO. 16-44 454
DATE: January 13, 2021

ORDER

Entitlement to a change in the Vocational Rehabilitation and Employment (VR&E) program under the provisions of Chapter 31, Title 38, of the United States Code (U.S.C.) is dismissed.

FINDING OF FACT

At his November 2020 Board hearing, prior to the promulgation of a decision by the Board, the Veteran testified of his intent to withdraw his appeal of the claim for a change in the VR&E program.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran regarding the claim to entitlement to a change in the VR&E program have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service in the U.S. Navy from July 1993 to March 1995, in the U.S. Marine Corps from May 1998 to June 1998, and in the U.S. Army from August 2005 to October 2007. 

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a decision by the VR&E Division of the Department of Veterans Affairs (VA) Regional Office.

In November 2020, the Veteran testified at a Board virtual hearing before the undersigned Veterans Law Judge.  A transcript of that hearing has been associated with the record.

Dismissal.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  Withdrawal may be made by the appellant or by his or her authorized representative and must be in writing, except for appeals withdrawn on the record at a hearing.  38 C.F.R. § 20.205. 

The record currently before the Board reflects that, following perfection of the present appeal in August 2016, the Veteran requested a higher-level review in October 2019 to determine his eligibility for a VR&E program.  In March 2020, he was determined to be eligible for VR&E services.  See March 2020 decision letter.  In April 2020, the Veteran was offered limited employment service and work adjustment counseling.  He never responded and, in May 2020, the VR&E office discontinued further action on the Veteran’s program.

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At his November 2020 Board hearing the Veteran indicated that he was pursuing an appeal for reconsideration of his eligibility determination.  See Hearing Transcript, p. 3.  He then expressed his intent to withdraw the present claim for entitlement to a change in the VR&E training program.  See Hearing Transcript, pp. 5-6. 

Accordingly, the Board does not have jurisdiction to review the appeal for entitlement to a change in the VR&E program, and the appeal of this matter is dismissed.

 

 

Eric S. Leboff

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	R. Kettler, 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.