Citation Nr: 21064610
Decision Date: 10/21/21	Archive Date: 10/21/21

DOCKET NO. 17-65 720
DATE: October 21, 2021

ORDER

The issue of entitlement to education benefits under Chapter 30, Title 38 U.S.C., also known as the Montgomery GI Bill (MGIB), is dismissed.

 

FINDING OF FACT

In October 2021, prior to the promulgation of a Board decision, the appellant withdrew the present appeal.   

CONCLUSION OF LAW

The criteria for withdrawal of the appeal for entitlement to MGIB education benefits 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 for training (ACDUTRA) from November 2009 to April 2010. 

The case is on appeal from a September 2017 decision that denied entitlement to MGIB benefits.

In a December 2017 VA Form 9, the Veteran elected a live videoconference hearing with a Veterans Law Judge.  The Veteran was scheduled for a Board hearing in October 2021.  In October 2021, the Veteran withdrew his hearing request.

Entitlement to MGIB education benefits. 

Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  An appeal may be withdrawn by the Veteran, appellant, or representative at any time before the Board promulgates a decision.  38 C.F.R. § 19.55(b)(3). 

In October 2021, the Veteran contacted VA (see VA From 27-0820) indicating that he would like to withdraw his appeal regarding the entitlement to MGIB benefits.  The report of contact states that the "Veteran called in to withdraw from hearing dated [October 4, 2021, and] stated he wants to withdraw entire appeal claim." 

The Board finds that the Veteran's withdrawal of the issue on appeal is "explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant."  DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011); see also Acree v O'Rourke, 891 F.3d 1009 (Fed. Cir. 2018).  In this regard, the October 2021 statement is a recordation of an express statement that the Veteran no longer wants to pursue any further the claimed issue on appeal before the Board. 

Therefore, there remain no allegations of errors of fact or law for appellate consideration with regard to this particular appeal.  Accordingly, the issue of whether entitlement to MGIB education benefits is warranted is dismissed.

 

 

RYAN T. KESSEL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	William Pagan, 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.