Citation Nr: 21072229
Decision Date: 12/02/21	Archive Date: 12/02/21

DOCKET NO. 16-45 474
DATE: December 2, 2021

ORDER

The appeal of entitlement to special monthly compensation based on the need for aid and attendance of another is dismissed.

FINDING OF FACT

In October 2021, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran, through her authorized representative, that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

As noted in the Board's June 2021 remand, the Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance was filed in October 2014.  Following the remand, the Regional Office (RO) issued a rating decision in August 2021 and awarded SMC based on the need for aid and attendance effective July 2, 2019.  The period prior to that date remained on appeal and the matter was returned to the Board.  However, in October 2021, the Veteran, through her authorized representative, has withdrawn this appeal and, hence, there remain no allegations of errors of fact or law for appellate consideration.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.

 

 

MICHAEL E. KILCOYNE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Adamson, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.