Citation Nr: A21016789
Decision Date: 10/15/21	Archive Date: 10/15/21

DOCKET NO. 210416-153966
DATE:       October 15, 2021

ORDER

The claim as to the propriety of the apportionment of the Veteran's VA compensation benefits on behalf of the minor child, H.J., is dismissed. 

FINDING OF FACT

On September 17, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran requesting to withdraw the appeal.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal by the Veteran have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.205 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from June 2009 to November 2012. The Appellant is the custodian of the Veteran's minor child, H.J.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2021 apportionment decision, where the RO granted L.J.'s claim for an apportionment in the amount of $700.00 per month. 

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.205.

In the present case, on April 15, 2021, the Veteran submitted a VA Form 101-82 Decision Review Request: Board Appeal of the April 2021 apportionment decision and requested direct review by a Veteran's Law Judge. However, also in April 2021, the Veteran submitted a supplemental claim indicating that he did not wish to continue with the appeal proceedings. Further, the Veteran submitted written correspondence in September 2021 that he wished to withdraw the appeal. The Board finds that this notification is sufficient to serve as a request to withdraw the appeal; as such, 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.

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The Board notes that the contesting party, L.J., has submitted a VA Form 101-82 Decision Review Request: Board Appeal in September 2021 appealing the August 2021 apportionment decision which reduced the monetary amount of the apportionment. The Board takes no action on this appeal and as such it remains pending. 

 

 

A. S. CARACCIOLO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Laura C. Owens

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.