Citation Nr: 21063987
Decision Date: 10/18/21	Archive Date: 10/18/21

DOCKET NO. 15-11 771
DATE: October 18, 2021

ORDER

The appeal seeking entitlement to special monthly pension (SMP) is dismissed.

FINDING OF FACT

During an October 2021 Board hearing, prior to the promulgation of the Board's decision in the appeal, the Veteran withdrew his appeal with respect to the issue of entitlement to SMP.

CONCLUSION OF LAW

The criteria for withdrawal of a Substantive Appeal by the Veteran for the issue of entitlement to SMP have been met. 38 U.S.C. § 7105 (b)(2), (d)(5); 38 C.F.R. §§ 20.202, 20.204.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from May 1971 to May 1973. He testified at a Board hearing before the undersigned in October 2021.

An appellant may withdraw an appeal in writing or on the record at a hearing on appeal at any time before the Board promulgates a final decision. 38 C.F.R. § 20.204. When an appellant does so, the withdrawal effectively creates a situation where there no longer exists any allegation of error of fact or law. Consequently, in such an instance, the Board does not have jurisdiction to review the appeal, and the appropriate action by the Board is dismissal. 38 U.S.C. §§ 7104, 7105(d).

During the October 2021 Board hearing, the Veteran withdrew his appeal with respect to the issue of entitlement to SMP. See 38 C.F.R. § 20.204. He and his representative understood by withdrawing this issue VA would take no further action on it. 

Given the Veteran's clear intent to withdraw his appeal in this matter, further action by the Board on this issue would not be appropriate. 38 U.S.C. § 7105.

 

 

A. ISHIZAWAR

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Fletcher, Kathleen

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.