Citation Nr: 21068015
Decision Date: 11/08/21	Archive Date: 11/08/21

DOCKET NO. 17-51 323
DATE: November 8, 2021

ORDER

The appeal of the withholding of payment due to recoupment for drill pay periods during fiscal year 2016 is dismissed.

FINDING OF FACT

On October 6, 2021, prior to the promulgation of a decision in the appeal, VA received written notification from the Veteran requesting to withdraw his appeal. 

CONCLUSION OF LAW

The criteria for withdrawal of the appeal 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 from February 1981 to October 1987 and October 2009 to November 2010.

The appeal of the withholding of payment due to recoupment for drill pay periods during fiscal year 2016 is dismissed.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. Withdrawal may be made by the appellant or his authorized representative. Id. In the present case, on October 6, 2021, prior to the promulgation of a decision in the appeal, VA received written notification from the Veteran requesting to withdraw the appeal. The Board finds the Veteran's request to withdraw the appeal valid. 38 C.F.R. §§ 19.55(b)(1). Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

KELLI A. KORDICH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Winkler, Associate 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.