Citation Nr: A21017433
Decision Date: 10/27/21	Archive Date: 10/27/21

DOCKET NO. 211019-191798
DATE: October 27, 2021

ORDER

As the appeal is withdrawn, the issue of entitlement to a monetary allowance for VA nonservice-connected pension from February 1, 2020 to June 31, 2020 is dismissed.

FINDING OF FACT

On October 26, 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

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

REASONS AND BASES FOR FINDING AND CONCLUSION

The appellant served on active duty from March 1952 to December 1953.

The rating decision on appeal was issued in January 2021 and constitutes an initial decision; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies.

In the October 2021 VA Form 10182, Decision Review Request: Board Appeal, the appellant elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the agency of original jurisdiction (AOJ) decision on appeal.  38 C.F.R. § 20.301.

Entitlement to the monetary allowance for VA nonservice connected pension from February 1, 2020 to June 31, 2020.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205.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. The withdrawal must be filed with the Board and include the name of the appellant, the applicable VA file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal. Withdrawals are effective when received by the Board if a decision has not been promulgated. 38 C.F.R. § 20.205(b)(1)(3).

In the present case, prior to the promulgation of a decision in the appeal, in a statement addressed to the Board, dated October 26, 2021, and received at the Board on the same day, the appellant stated that a withdrawal of the board appeal was requested so that the matter could be pursued via a VA supplemental claim. See Correspondence (October 26, 2021). The withdrawal included the appellant's name, claims file number, the specific claim (specifically, the one listed on his VA Form 10182), and the appellant's signature. Hence, there remain no allegations of errors of fact or law for appellate consideration in this matter.

Accordingly, the Board does not have jurisdiction to review the issue and it is dismissed.

 

 

C.A. SKOW

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. M. Pesin

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.