Citation Nr: 21063733
Decision Date: 10/15/21	Archive Date: 10/15/21

DOCKET NO. 17-31 043
DATE: October 15, 2021

ORDER

The issue of whether the Veteran is entitled to retroactive payment due to the removal of former dependent spouse B. effective November 2011, the addition of current dependent spouse T. effective March 2014, and the addition of dependent child A. effective February 2014 is dismissed.

FINDING OF FACT

On August 17, 2021, prior to the promulgation of a Board of Veterans' Appeals (Board) decision, the Veteran submitted a written statement indicating that he wished to withdraw from appellate consideration his entire appeal concerning additional pay for his dependents, as the matter had been resolved to his satisfaction.

CONCLUSION OF LAW

The criteria for withdrawal of the issue of whether the Veteran is entitled to retroactive payment due to the removal of former dependent spouse B. effective November 2011, the addition of current dependent spouse T. effective March 2014, and the addition of dependent child A. effective February 2014 are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55; Hembree v. Wilkie, 33 Vet. App. 1 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Marine Corps from September 2002 to March 2010.

This matter comes before the Board on appeal from a June 2016 decision of a Department of Veterans Affairs (VA) Regional Offices (RO).  Jurisdiction of the Veteran's claims file currently resides with the Oakland, California RO.

In his June 2017 substantive appeal, the Veteran requested a Board videoconference hearing. However, in August 2021, he withdrew that request.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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

In the present case, the Veteran submitted a written statement in August 2021 explicitly indicating that he wished to withdraw from appellate consideration his entire appeal concerning additional pay for his dependents, as the matter had been resolved to his satisfaction.  This August 2021 statement also contained the Veteran's name and his claims file number.  Accordingly, the Board concludes that the Veteran has withdrawn his entire appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.  See 38 C.F.R. § 19.55(b)(1); Hembree v. Wilkie, 33 Vet. App. 1, 2 (2020).   Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

S.C. KREMBS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	N.S. Pettine, 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.