Citation Nr: 21073711
Decision Date: 12/10/21	Archive Date: 12/10/21

DOCKET NO. 18-46 010A
DATE: December 10, 2021

ORDER

The appeal regarding the issue of entitlement to a second automobile allowance is dismissed.

FINDING OF FACT

In a statement received on August 27, 2021, that is, prior to the promulgation of a decision in the appeal, the Veteran expressly withdrew issue of entitlement to a second automobile allowance.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal regarding entitlement to a second automobile allowance 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 in the United States Marine Corps from April 1986 to May 1986.

In November 2018, the Veteran requested a hearing before a Veterans Law Judge, but in March 2021, he withdrew his hearing request.

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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

An effective withdrawal of a claim on appeal must be in writing, include the name of the veteran (or claimant or appellant if other than the veteran), the applicable Department of Veterans Affairs file number, and a statement that the appeal is withdrawn.  Hembree v. Wilkie, 33 Vet. App. 1, 5-7 (2020); 38 C.F.R. § 19.55.  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal.  Hembree, 33 Vet. App. 5.

In the present case, the Veteran submitted a statement on August 27, 2021, indicating the desire to withdraw issue of entitlement to a second automobile allowance.  The statement also contained the Veteran's name and claim number.  This was reiterated by his representative in September 2021 written argument.  Thus, there remains no allegation of error of fact or law for appellate consideration with regard to the claim for a second automobile allowance and the issue must be dismissed.  See 38 C.F.R. § 19.55; Hembree, 33 Vet. App. 5-7. 

 

STEVEN D. REISS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Joshua R. Castillo, 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.