Citation Nr: 21068622
Decision Date: 11/10/21	Archive Date: 11/10/21

DOCKET NO. 14-37 033
DATE: November 10, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

Prior to the promulgation of a decision by the Board of Veterans' Appeals (Board), the appellant withdrew her appeal in a November 2021 telephone conversation.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant are met. 38 U.S.C. § 7105(b)(2), (d)(5) (2021); 38 C.F.R. § 19.55 (2021).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from October 1955 to September 1959 and from October 1962 to March 1980. The Veteran died in February 2013. The appellant was seeking surviving spouse benefits. This matter comes before the Board on an appeal from a September 2013 rating decision by a Department of Veterans Affairs (VA) Regional Office, which is the Agency of Original Jurisdiction (AOJ).

Entitlement to payment of VA improved death pension benefits on and after April 1, 2013.

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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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

On November 5, 2021, the AOJ contacted the appellant regarding the scheduling of a hearing that day. The appellant indicated she already received the benefit sought, and withdrew the hearing and appeal. This call was memorialized in a VA Form 21-0820 (Report of General Information) which contained the Appellant's name, address, phone number and daytime phone number. The VA employee also checked a box acknowledging that he/she was a VA employee authorized to receive or request information or statements that may result in a change of benefits, and that the primary purpose for gathering information or statement was to make an eligibility determination. See Hanson v. Brown, 9 Vet. App. 29 (1996) (accepting a Report of Contact as satisfying withdrawal criteria).

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As noted, this report of contact contained all necessary information identified in 38 C.F.R. § 19.55 (b)(1). Hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

J. B. FREEMAN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Jonathan M. Estes

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.