Citation Nr: 21069383
Decision Date: 11/18/21	Archive Date: 11/18/21

DOCKET NO. 17-19 413
DATE: November 18, 2021

ORDER

The appeal as to the issue of the amount of apportionment for support of the Veteran's helpless child has been withdrawn.

FINDING OF FACT

Prior to the promulgation of a decision regarding the issue of the amount of apportionment for support of the Veteran's helpless child, the Veteran requested a withdrawal of the appeal of this issue.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal 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 Veteran served on active duty from July 1969 to February 1971, including service in the Republic of Vietnam from January 1970 to February 1971. The appellee is the Veteran's helpless child.

The Veteran and the appellee testified at a hearing before the undersigned Veterans Law Judge (VLJ) in October 2021. 

The Board notes that the Veteran's helpless child filed an April 2018 notice of disagreement (NOD) with regard to his claim for benefits for a qualifying Veteran's child born with disabilities; however, the NOD was misfiled in the Veteran's claims file. The Board has taken action to have the April 2018 NOD moved to the claims file of the Veteran's helpless child. The matter must be referred to the Regional Office for appropriate action.

1. The appeal as to the issue of the amount of apportionment for support of the Veteran's helpless child

The Board may dismiss any appeal that 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.205.

In the present case, the Veteran perfected his appeal of the amount of the apportionment awarded of his VA compensation benefits and requested a Board hearing. 

At the October 2021 Board hearing, the Veteran withdrew his appeal of the amount of the apportionment awarded. As such, 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.

 

 

STEVEN D. REISS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Gastoukian, Kelly

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.