Citation Nr: 21066141
Decision Date: 10/28/21	Archive Date: 10/28/21

DOCKET NO. 15-41 039
DATE:  October 28, 2021

ORDER

Entitlement to an extension of the deliming date under Chapter 33, Title 38 U.S.C. (Post-9/11 GI Bill or Chapter 33) beyond February 8, 2020, has been withdrawn and is dismissed.

FINDING OF FACT

The Veteran withdrew the appeal for an extension of the delimiting date under Chapter 33 beyond February 8, 2020, during the July 2021 Board hearing explicitly, unambiguously, and with a full understanding of the consequences of such action. 

CONCLUSION OF LAW

The criteria for withdrawal of the substantive appeal for entitlement to an extension of the delimiting date under Chapter 33 beyond February 8, 2020, by the Veteran 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 from March 2003 to February 2005.

The Veteran testified before the undersigned Veterans Law Judge (VLJ) during a virtual Board hearing in July 2021. 

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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

After being sworn in, the Veteran testified during the July 2021 Board hearing that he wished to withdraw his appeal for the claim of entitlement to an extension of the delimiting date under Chapter 33 beyond February 8, 2020, as he was recently assigned a 100 percent disability rating for his service-connected posttraumatic stress disorder (PTSD), which entitled him to additional VA education and vocational benefits. Thus, an extension of his educational benefits was not warranted. This withdrawal was (1) explicit; (2) unambiguous; and (3) done with a full understanding of the consequences of such an action on the part of the Veteran. A written transcript of the Veteran's testimony is of record. Thus, there are no allegations of errors of fact or law for appellate consideration for the Veteran's claim for an extension of the delimiting date for Post-9/11 GI Bill benefits beyond February 8, 2020. 38 C.F.R. § 20.202. The Board does not have jurisdiction to review this claim, and the appeal is dismissed.

 

 

A. P. SIMPSON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Hodzic, 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.