Citation Nr: 21003262
Decision Date: 01/21/21	Archive Date: 01/21/21

DOCKET NO. 14-35 365A
DATE: January 21, 2021

ORDER

The appeal for an increased rate for dependents is dismissed.

FINDING OF FACT

In a written correspondence received by the VA in October 2020, prior to the promulgation of a decision in the appeal, the Veteran expressed the Veteran’s desire to withdraw his appeal with respect to his claim for an increased rate for dependents.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran regarding his claim of an increased rate for dependents 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 in the U.S. Army from August 1980 to August 2000.

The Veteran initially requested a hearing at his local VA Regional Office (RO) before a Board of Veterans’ Appeals (Board) Veterans Law Judge; however, in October 2020, he withdrew his pending appeal, and the Board considers his hearing request withdrawn as well.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

Here, in an October 2020 written correspondence, prior to the promulgation of a Board decision in the appeal, the Veteran expressed his intention to withdraw his appeal with respect to his claim of an increase rate for dependents.  Accordingly, the Board finds that the appeal with respect to this issue has been withdrawn.  See Hembree v. Wilkie, 2020 U.S. App. Vet. Claims LEXIS 1677 (Aug. 31, 2020).

 

A. S. CARACCIOLO

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.