Citation Nr: 21069058
Decision Date: 11/17/21	Archive Date: 11/17/21

DOCKET NO. 18-21 214
DATE: November 17, 2021

ORDER

The appeal seeking an effective date earlier than December 22, 2014, for the award of dependency benefits for the Veteran's spouse (DV) is dismissed.

FINDING OF FACT

In correspondence received in September 2019 and a phone call in September 2021, the Veteran withdrew his appeal with respect to the issue of entitlement to an effective date earlier than December 22, 2014, for the award of dependency benefits for DV.

CONCLUSION OF LAW

The criteria for withdrawal of a Substantive Appeal for the issue of entitlement to an effective date earlier than December 22, 2014, for the award of dependency benefits for DV by the appellant have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The appellant is a Veteran who served on active duty from August 1982 to August 1988.

In signed correspondence received in September 2019, the Veteran withdrew his appeal with respect to the issue of entitlement to an effective date earlier than December 22, 2014, for the award of dependency benefits for his spouse DV. The agency of original jurisdiction (AOJ) confirmed this decision in a September 2021 phone call with the Veteran. See September 2021 Report of General Information.

An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.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

Given the Veteran's clear intent to withdraw his appeal in this matter, further action by the Board on this issue would not be appropriate; it is dismissed. 38 U.S.C. § 7105.

 

 

A. ISHIZAWAR

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Fletcher, Kathleen

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.