Citation Nr: 21068874 Decision Date: 11/15/21 Archive Date: 11/15/21 DOCKET NO. 17-57 093 DATE: November 15, 2021 ORDER The appeal with respect to entitlement to payment of non-service-connected pension benefits is dismissed. FINDING OF FACT On the record at a July 2021 hearing, prior to the promulgation of an appellate decision on the matter, the Veteran requested that his appeal with respect to entitlement to payment of non-service-connected pension benefits be withdrawn. CONCLUSION OF LAW The criteria for withdrawal of the appeal of the issue of entitlement to payment of non-service-connected pension benefits 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 in the United States Marine Corps from November 1986 to November 1990, and from February 1991 to March 1991. His decorations include the Sea Service Deployment Ribbon, the Meritorious Unit Commendation, and the Good Conduct Medal. This matter comes to the Board of Veterans' Appeals (Board) on appeal from an October 2017 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The RO found, in pertinent part, that the Veteran was entitled to non-service-connected pension benefits, but that service-connected disability compensation would be paid in lieu thereof as the greater benefit. In July 2021, the Veteran testified at a virtual Board hearing before the undersigned Veterans Law Judge. A transcript of that hearing has been associated with the record. At the July 2021 Board hearing, the Veteran presented testimony with respect to issues of entitlement to higher ratings for headaches and Bell's Palsy, entitlement to earlier effective dates for the awards of service connection for headaches, traumatic brain injury, depressive disorder, and Bell's Palsy, entitlement to Dependents' Educational Assistance (DEA) benefits and a total disability rating based on individual unemployability due to service-connected disability (TDIU). Those issues will be the subject of a separate Board decision. Dismissal The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. See 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. Only an appellant, or an appellant's authorized representative, may withdraw an appeal. Id. Appeal withdrawals must include the name of the veteran, the name of the claimant or appellant if other than the veteran (e.g., a veteran's survivor, a guardian, or a fiduciary appointed to receive VA benefits on an individual's behalf), the applicable VA file number, and a statement that the appeal is withdrawn. 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. Id. In this case, on the record at his July 2021 hearing, prior to the promulgation of a Board decision on the matter, the Veteran requested that his appeal with respect to entitlement to payment of non-service-connected pension benefits be withdrawn. That request has since been reduced to writing in a transcript, received by the Board, which includes the Veteran's name and his VA file number. Under the circumstances, the Board finds that the requirements for a proper withdrawal have been satisfied. See, e.g., Tomlin v. Brown, 5 Vet. App. 355 (1993). As the Veteran has withdrawn his appeal with respect to the issue of entitlement to payment of non-service-connected pension benefits, there remain no allegations of error of fact or law for appellate consideration with respect to that issue. Accordingly, the Board does not have jurisdiction to review the issue and the appeal of that issue must be dismissed. DAVID A. BRENNINGMEYER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Ragheb, 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.