Citation Nr: 21067611
Decision Date: 11/04/21	Archive Date: 11/04/21

DOCKET NO. 16-40 616
DATE: November 4, 2021

ORDER

Entitlement to the recognition of G.R. (appellant) as a "child" of the Veteran for purposes of Dependency and Indemnity Compensation (DIC) benefits is dismissed.

FINDING OF FACT

In August 2019, the agency of original jurisdiction (AOJ) received explicit and unambiguous notification from the appellant that a withdrawal of her appeal was requested.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal of the issue of entitlement to the recognition of G.R. (appellant) as a "child" of the Veteran for purposes of DIC benefits, is met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from July 1966 to September 1968. The Veteran died in June 1993. The appellant is his adult daughter. 

This appeal to the Board of Veterans' Appeals (Board) arose from an April 2015 notification letter issued by the Department of Veterans Affairs (VA) Regional Office (RO). 

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204. Withdrawal may be made by the appellant or by his authorized representative. Id. Unless an appeal is withdrawn on the record at a hearing, appeal withdrawals must be in writing and must include the name of the veteran, the name of the claimant or appellant if other than the veteran, the applicable VA file number, and a statement that the appeal is withdrawn. 38 C.F.R. § 20.204. Until the appeal is transferred to the Board, an appeal withdrawal is effective when received by the agency of original jurisdiction. 38 C.F.R. § 20.204(b)(3).

In an August 2019 correspondence, the appellant wrote that she wished to withdraw her current appeal. Here, the appellant notified the AOJ (here, the RO) that she no longer wished to pursue her appeal. Notably, the issue of entitlement to the recognition of the appellant as a "child" of the Veteran for purposes of DIC benefits is the appellant's only pending appeal currently before the Board. The withdrawal is in writing and contains the appellant's name, the Veteran's name, VA claims file number, and a statement indicating that the appellant wished to withdraw her appeal. The appellant's withdrawal is in compliance with 38 C.F.R. § 20.204(b)(1).

When pending appeals are withdrawn, there is no longer an allegation of error of fact or law for appellate consideration. In such circumstances, dismissal of the appeal is appropriate. 38 U.S.C. § 7105(d)(5). The Board does not have jurisdiction to review this issue on appeal, and it is dismissed.

 

 

A. P. SIMPSON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Sarah Campbell, 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.