Citation Nr: 21063297
Decision Date: 10/13/21	Archive Date: 10/13/21

DOCKET NO. 16-43 355
DATE: October 13, 2021

ORDER

The appeal for entitlement to nonservice-connected pension benefits is dismissed.

FINDING OF FACT

At the July 22, 2021 Board hearing, prior to the promulgation of a decision in the appeal, the Board received explicit and unambiguous notification from the Veteran that a withdrawal of the claim of entitlement to nonservice-connected pension benefits was requested.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal for entitlement to nonservice-connected pension benefits have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

In July 2021, the Veteran provided testimony in a virtual Board hearing before undersigned Veterans Law Judge (VLJ).  A copy of the hearing transcript is associated with the claims file.

At the July 2021 Board hearing, testimony was also provided on other (compensation) claims, but they will be the subject of a separate Board decision.  Pension is a separate issue from compensation.

The appeal for entitlement to nonservice-connected pension benefits is dismissed.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

At the July 2021 hearing, the Veteran and his representative stated that the Veteran wished to withdraw the issue of entitlement to nonservice-connected pension benefits.  The Board finds the Veteran's testimony to be clear, unambiguous, and done with a full understanding of the consequences of such action.  See DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011).  Therefore, there remain no allegations of errors of fact or law for appellate consideration as to this issue.  Accordingly, the Board does not have jurisdiction to review the appeal of this issue, and it is dismissed. 

 

 

KRISTI L. GUNN

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.