Citation Nr: 21004100
Decision Date: 01/26/21	Archive Date: 01/26/21

DOCKET NO. 16-61 810
DATE: January 26, 2021

ORDER

The issue of whether the reduction in Department of Veterans Affairs (VA) compensation benefits for the purpose of recouping military drill pay for 64 days during fiscal year (FY) 2015 was properly created is dismissed.

FINDING OF FACT

In September 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of the appeal on the issue of whether the reduction in VA compensation benefits for the purpose of recouping military drill pay for 64 days during FY 2015 was properly created is requested.  

CONCLUSION OF LAW

The criteria for withdrawal of the appeal by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from June 1998 to June 2001, March 2003 to September 2003, May 2004 to October 2004, April 2008 to October 2008, and December 2009 to August 2010.  

In October 2019, the Veteran testified before the undersigned Veterans Law Judge (VLJ).  A transcript of the hearing is of record.

In February 2020 and August 2020, the Board remanded the claim for further development.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Withdrawal may be made by the appellant or by his or her authorized representative.  Id.

Analysis

In a September 2020 Statement in Support of Claim, the Veteran withdrew the appeal, 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.  Id.  

 

 

JONATHAN B. KRAMER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Moore

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.