Citation Nr: 21067497
Decision Date: 11/04/21	Archive Date: 11/04/21

DOCKET NO. 16-60 572
DATE: November 4, 2021

ORDER

Accrued benefits in excess of $4,627.00 is dismissed.

 

FINDING OF FACT

In September 2021, prior to the promulgation of a Board decision, the appellant withdrew the appeal.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal are 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 from September 1953 to July 1955.  He died in February 2015 and the appellant is his surviving spouse.

The case is on appeal from an August 2015 decision.

The appellant's representative requested a Board hearing in a December 2016 VA Form 9.  However, in a September 2021 statement, the appellant's representative requested that the hearing be cancelled.  Therefore, the hearing request is considered withdrawn.  See 38 C.F.R. § 20.704(e).

Accrued benefits in excess of $4,627.00.

Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  An appeal may be withdrawn by the appellant or representative at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.

In September 2021, the appellant's representative submitted a statement.  In doing so, the representative stated that the appellant "wishes to withdraw all issues on appeal."

The Board finds that the appellant's withdrawal of the issue on appeal is "explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant."  DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011); see also Acree v O'Rourke, 891 F.3d 1009 (Fed. Cir. 2018).  In this regard, the appellant's representative stated, in writing, that the appellant wants to withdrawal all issues on appeal.

Therefore, there remain no allegations of errors of fact or law for appellate consideration with regard to this appeal.  Accordingly, the appeal is dismissed.

 

 

RYAN T. KESSEL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Jimerfield, David

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.