Citation Nr: A21016498
Decision Date: 10/07/21	Archive Date: 10/07/21

DOCKET NO. 201008-113114
DATE: October 7, 2021

ORDER

The appeal for entitlement to special monthly compensation (SMC) based on aid and attendance is dismissed.  

FINDING OF FACT

On September 7, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through his representative, that a withdrawal of this appeal is requested.  

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran's representative have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.  

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Air Force from November 1973 to November 1976.  He also served in the Delaware Air National Guard and the Maryland Army National Guard.

This case comes before the Board of Veterans' Appeals (Board) on appeal from an April 2020 rating decision of the Department of Veterans Affairs (VA) under its modernized review system.  In that decision, the Regional Office (RO) denied entitlement to SMC based on aid and attendance.  

The Veteran filed a VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), in October 2020 and selected the hearing docket.  

During the pendency of the appeal, the Veteran's representative submitted a written statement in September 2021 indicating that he wanted to withdraw his claim for SMC based on aid and attendance.  The Board may dismiss any appeal which fails to identify the specific determination with which the claimant disagrees. 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205.  Withdrawal may be made by the appellant or by his or her authorized representative.  Id.  In the present case, the Veteran, through his representative, has withdrawn this appeal, and hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

J.W. ZISSIMOS

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.