Citation Nr: 21076199
Decision Date: 12/22/21	Archive Date: 12/22/21

DOCKET NO. 17-05 024A
DATE: December 22, 2021

ORDER

The appeal for the issue of continued entitlement to receive the additional dependency allowance for J. H. (the Veteran's son) is dismissed.

FINDING OF FACT

In June 2020, prior to the promulgation of a decision in the appeal, the Veteran reported his request to withdraw his appeal, which consists of the pending claim for continued entitlement to receive the additional dependency allowance for J. H.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal with respect to the issue of continued entitlement to receive the additional dependency allowance for J. H., have been met.  38 U.S.C. § 7105(d)(5) (2012); 38 C.F.R. § 19.55 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from May 1969 to May 1971.  His awards and decorations include the Purple Heart and Combat Infantryman Badge.

In December 2016 and January 2017 substantive appeals, VA Form 9, the Veteran requested a hearing before the Board.  In light of the dismissal of this issue on appeal, his requests for a hearing are considered withdrawn.  38 C.F.R. § 20.603.

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  See 38 U.S.C. § 7105(d)(5).  A substantive appeal may be withdrawn at any time before the Board promulgates a decision and must be in writing except for appeals withdrawn on the record at a hearing.  38 C.F.R. § 19.55.  

In a June 2020 written correspondence, prior to the promulgation of a decision in the appeal, the Veteran reported his "request to withdraw the appeal."  As of this date, the current appeal consists of the pending claim for continued entitlement to receive the additional dependency allowance for J. H.  In the December 2021 written brief, the Veteran's representative reiterated the Veteran's request to withdraw this issue currently on appeal due to a waiver of indebtedness granted by the VA St. Paul Debt Management Center (DMC).  As the Veteran has withdrawn his appeal of this issue, there remains no allegation of error of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal of this issue, and it is dismissed.

 

 

D. Martz Ames

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Carter, 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.