Citation Nr: 21066541
Decision Date: 11/01/21	Archive Date: 11/01/21

DOCKET NO. 19-12 594
DATE: November 1, 2021

ORDER

The appeal with respect to the Veteran's entitlement to Post-9/11 GI Bill education benefits at a rate higher than 70 percent is dismissed.

FINDING OF FACT

In August 2021, prior to the promulgation of an appellate decision, the Board received notification from the Veteran, through his representative, that a withdrawal of this appeal was requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran and/or his authorized representative have been 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 Army from August 2007 to September 2010, to include service in Iraq.  His decorations include the Iraq Campaign Medal with Campaign Star.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a June 2018 decision issued by the Department of Veterans Affairs (VA) Regional Office in St. Louis, Missouri.

The statement of the case (SOC) and substantive appeal pertaining to this matter are not of record in the Veteran's claims file.  However, the Veterans Appeals Control and Locator System (VACOLS) reflects that a SOC was mailed in March 2019 and a substantive appeal was received in April 2019.  Presuming the regularity of those entries, the Board finds that it has jurisdiction to consider the appeal.  38 U.S.C. § 7105 (2012).

Entitlement to Post-9/11 GI Bill education benefits at a rate higher than 70 percent.

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  See 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Only an appellant, or an appellant's authorized representative, may withdraw an appeal.  Id.

Appeal withdrawals must include the name of the veteran, the name of the claimant or appellant if other than the veteran (e.g., a veteran's survivor, a guardian, or a fiduciary appointed to receive VA benefits on an individual's behalf), the applicable VA file number, and a statement that the appeal is withdrawn.  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal.  Id.

By correspondence received in August 2021, prior to the promulgation of an appellate decision, the Veteran's representative submitted a Motion to Withdraw Appeal.  The correspondence indicated that the Veteran wished to withdraw the appeal with respect to education benefits in its entirety and included his name and his VA file number.  Under the circumstances, the Board finds that the requirements for a proper withdrawal have been satisfied.

As the Veteran has withdrawn his appeal, there remain no allegations of error of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and the appeal must be dismissed.

 

 

DAVID A. BRENNINGMEYER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R. Kettler, 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.