Citation Nr: 21067451 Decision Date: 11/04/21 Archive Date: 11/04/21 DOCKET NO. 16-52 701 DATE: November 4, 2021 ORDER Entitlement to nonservice-connected pension is dismissed as moot. FINDING OF FACT For the entire appeal period, the combined award of service connection at 70 percent from September 21, 2011, 100 percent from March 9, 2016, and 80 percent from May 1, 2017 provides a greater benefit than nonservice-connected pension. CONCLUSION OF LAW As a greater benefit was awarded, the claim for nonservice-connected pension is dismissed. 38 U.S.C. § 7105; 38 C.F.R. § 3.151. REASONS AND BASES FOR FINDING AND CONCLUSION This matter comes before the Board of Veterans' Appeals (Board) on appeal from a Department of Veterans Affairs (VA) Regional Office (RO)'s October 2012 rating decision. The Veteran and his spouse testified at a Travel Board hearing in March 2019 held at the Indianapolis, Indiana RO before the undersigned Veterans Law Judge. The transcript of that hearing is associated with the Veteran's claims file. This matter was previously before the Board in August 2019, when it was remanded for additional development. The requested development was completed. In June 2020, the Board denied nonservice-connected pension based on countable income. In July 2020, the Board vacated the June 2020 decision due to an outstanding request for a second hearing. In October 2020 and October 2021 written correspondence, the Veteran withdrew his hearing request. Therefore, the Board finds that the Veteran's hearing request has been withdrawn and the appeal will be decided on the evidence of record. The Veteran was previously represented by an attorney; however, in September 2021, the attorney submitted a motion to withdraw as representative because the attorney had not been able to contact the Veteran for over 12 months. The motion shows that a copy of the withdrawal request was sent to the Veteran at his address of record. The motion shows that there was good cause for the request, and as such, the Board grants the attorney's motion to withdraw as the Veteran's representative. (Continued on the next page) Entitlement to nonservice-connected pension The Veteran filed his claim for nonservice-connected pension on September 21, 2011. The record shows that for the entire appeal period, Veteran has been in receipt of a combined award of service connection at a 70 percent rate from September 21, 2011, a 100 percent rate from March 9, 2016, and an 80 percent rate from May 1, 2017. As the Veteran's service-connected compensation represents the greater award, the appeal for NSC pension benefits is moot and must be dismissed. 38 C.F.R. § 3.151(a) (stating that a claim may be considered for compensation or pension, but the greater benefit will be awarded unless the claimant requests otherwise). Paul Sorisio Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Christine C. Kung 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.