Citation Nr: 21063568
Decision Date: 10/14/21	Archive Date: 10/14/21

DOCKET NO. 16-09 441
DATE: October 14, 2021

ORDER

The appeal of the validity of the overpayment of Post-9/11 GI Bill benefits, totaling $2,018.51, is dismissed.

FINDING OF FACT

In June 2021, prior to the promulgation of a decision in the appeal, the Board of Veterans' Appeals (Board) received a Statement in Support of Claim (VA Form 21-4138), in which the Veteran withdrew the issue on appeal.

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 had honorable active-duty service with the United States Navy from June 1990 to June 1994, and from February 1995 to February 2011.  

The Board notes that in his February 2016 substantive appeal (VA Form 9), the Veteran requested a hearing.  The Veteran was scheduled for a hearing in March 2019, which was postponed.  The Veteran was scheduled for a hearing in June 2019, but did not appear.  A hearing was scheduled for July 2021, but the Veteran withdrew his appeal prior to the scheduled hearing.  Thus, the Board considers the request for a hearing to be likewise withdrawn.   

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

In the present case, by way of a June 2021 VA Form 21-4138, the Veteran withdrew this appeal.  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.

 

 

JENNIFER HWA

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.