Citation Nr: 21070981
Decision Date: 11/29/21	Archive Date: 11/29/21

DOCKET NO. 18-29 545
DATE: November 29, 2021

ORDER

The issue of whether the withholding of VA compensation benefits for 60 training days performed during Fiscal Year (FY) 2016 was proper is dismissed.

FINDING OF FACT

In June 2019 before the promulgation of a decision, the Veteran withdrew his appeal concerning whether the withholding of VA compensation benefits for 60 training days performed during FY 2016 was proper.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal of whether the withholding of VA compensation benefits for 60 training days performed during FY 2016 was proper have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served in the Army National Guard with verified periods of honorable, active-duty service from May 2006 to February 2008 and September 2009 to April 2012 with additional active duty and inactive duty training periods. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2017 decision by the RO to withhold VA compensation for 60 days of drill pay for FY 2016.

In his May 2018 Substantive Appeal, the Veteran requested a hearing with a Veterans Law Judge at the RO. In December 2020, the Veteran withdrew his hearing request. See 38 C.F.R. § 20.704 (e).

1. Whether the withholding of VA compensation benefits for 60 training days performed during Fiscal Year (FY) 2016 was proper

An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55.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

In a June 2019 statement (and reiterated in a statement received in December 2020), the Veteran withdrew his appeal of whether the withholding of VA compensation benefits for 60 training days performed during FY 2016 was proper from appellate consideration. Therefore, this claim on appeal is dismissed. 

 

 

Vito A. Clementi

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	G. Jackson

The Board's action is binding only in this case. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.