Citation Nr: 21068463
Decision Date: 11/10/21	Archive Date: 11/10/21

DOCKET NO. 18-08 365
DATE: November 10, 2021

ORDER

Entitlement to an earlier effective date for establishment of spousal dependency is dismissed.

FINDING OF FACT

In a November 2021 statement, submitted prior to the promulgation of a decision in the appeal, the Veteran's authorized representative withdrew the Veteran's appeal that was pending before the Board, which was an appeal for an earlier effective date for establishment of spousal dependency.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant's 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 had active service in the United States Marine Corps from May 1974 to December 1995. This matter comes to the Board on appeal from a March 2016 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO), which established spousal dependency, effective February 14, 2013.

Dismissal of Appeal

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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 by his or her authorized representative. 38 C.F.R. § 19.55. 

Appeal withdrawals must include the name of the claimant, the applicable claim number, and a statement that the appeal is being withdrawn. 38 C.F.R. § 19.55. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety, or list the issue(s) withdrawn from the appeal.

The present appeal stems from a March 2016 rating decision that established spousal dependency, effective February 14, 2013. After being provided a Statement of the Case on the issue in December 2017, the Veteran perfected his appeal in February 2018. He asked for a personal hearing on that issue, which was ultimately scheduled for November 9, 2021.

In a November 2021 statement, the Veteran's authorized representative requested to withdraw the Veteran's appeal which was scheduled for a Board hearing on November 9, 2021. Associated documents included the Veteran's name, the Veteran's claim number, and clearly expressed a desire to withdraw the appeal on the Veteran's behalf.  A review of the record show no other issues being in appellate status. The statement is in full-keeping with the tenets set forth under 38 C.F.R. § 19.55.

 

In light of the November 2021 statement from the Veteran's authorized representative, there remains no allegations of errors of fact or law for appellate consideration regarding the issue enumerated immediately above. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed. See 38 C.F.R. § 19.55(c). 

 

 

MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Fairlie, 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.