Citation Nr: 21065806
Decision Date: 10/27/21	Archive Date: 10/27/21

DOCKET NO. 17-59 832
DATE: October 27, 2021

ORDER

The appeal as to entitlement to education benefits under the provisions of Chapter 33, Title 38, of the United States Code (Post 9/11 GI Bill) is dismissed.

FINDING OF FACT

On September 24, 2021, prior to the promulgation of a decision in the appeal, the Veteran requested a withdrawal of his appeal of entitlement to Chapter 33 Post 9/11 benefits.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal, by the Veteran, for education benefits under the Post 9/11 GI Bill, are 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 in the United States Marine Corps from July 1993 to October 2001.

Entitlement to education benefits under the Post 9/11 GI Bill 

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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, the Veteran submitted a statement on September 24, 2021, prior to the promulgation of a decision in the appeal, requesting a withdrawal of his appeal for entitlement to Chapter 33 Post 9/11 benefits.

Thus, there remain no allegations of errors of fact or law for appellate consideration with regard to this claim. Accordingly, the Board does not have jurisdiction to review this appeal and it is dismissed.

 

 

L. CHU

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.