Citation Nr: 21073655
Decision Date: 12/09/21	Archive Date: 12/09/21

DOCKET NO. 18-41 328
DATE: December 9, 2021

ORDER

Entitlement to an earlier effective date for dependency benefits is dismissed.

FINDING OF FACT

Prior to promulgation of a decision in the appeal, in November 2021 correspondence, the Veteran withdrew his appeal for entitlement to an earlier effective date for dependency benefits.

CONCLUSION OF LAW

The criteria for withdrawal of entitlement to an earlier effective date for dependency benefits by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from December 1958 to September 1966.

This matter is before the Board of Veterans' Appeals (Board) on appeal from an administrative decision issued by the Department of Veterans Affairs (VA) agency of original jurisdiction (AOJ).

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Withdrawal may be made by the Veteran or by his or her authorized representative.  38 C.F.R. § 20.204.

In November 2021 correspondence, the Veteran knowingly withdrew his appeal as to the issue of an earlier effective date for dependency benefits.  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 this issue is dismissed.

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.