Citation Nr: 21063388
Decision Date: 10/14/21	Archive Date: 10/14/21

DOCKET NO. 18-32 883
DATE: October 14, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

Prior to the promulgation of a decision, the Veteran withdrew his appeal in written correspondence received in October 2019.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran 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 from November 1977 to November 1981, and July 1982 to June 1986.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2015 Apportionment Decision by a Department of Veterans Affairs (VA) Regional Office (RO). The appellant in this case is the Veteran, who originally disputed the decision allowing an apportionment to his daughter, A.P.  

Whether the apportionment of the Veteran's VA disability compensation benefits for the support of his daughter, A.P, was proper. 

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  For withdrawals not made on the record at a Board hearing, such must be in writing and include (1) the name of the appellant, (2) the applicable VA file number, and (3) a statement that the appeal is withdrawn.  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal.  Id.; Hembree v. Wilkie, 33 Vet. App. 1 (2020).  

In the instant case, prior to the promulgation of a decision, the Veteran withdrew his appeal, which consists solely of the above captioned issue, in written correspondence received in October 2019. In this regard, such statement was in writing, authored by the Veteran, included the correct file number, and explicitly identified the issue to be withdrawn.  Therefore, 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.

 

 

A. JAEGER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Koria B. Stanton, 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.