Citation Nr: 21064289
Decision Date: 10/19/21	Archive Date: 10/19/21

DOCKET NO. 16-59 576
DATE: October 19, 2021

ORDER

The appeal of entitlement special monthly compensation based on the need for aid and attendance or being housebound is dismissed.

FINDING OF FACT

On August 31, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through her authorized representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal entitlement special monthly compensation based on the need for aid and attendance or being housebound by the appellant or her authorized representative have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active duty service from January 1969 to October 1970.  The Veteran died in February 2018.  The Veteran's spouse is the substituted claimant.

The appeal stems from an April 2016 rating decision denying entitlement to special monthly compensation based on the need for aid and attendance or being housebound.  

By August 31, 2021, written correspondence and prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through her representative, withdrawing the request for a hearing and withdrawing the appeal.  The withdrawal request is clear and unambiguous. 

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 her authorized representative.  38 C.F.R. § 19.55.  In the present case, the appellant, through her authorized representative, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

C. CRAWFORD

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.