Citation Nr: A21019134 Decision Date: 12/01/21 Archive Date: 12/01/21 DOCKET NO. 210324-146144 DATE: December 1, 2021 ORDER The issue of whether acceptance of the Form 9 received in February 2021 as the substantive appeal for the September 2019 Statement of the Case (SOC) was warranted is dismissed. FINDING OF FACT Prior to the promulgation of a decision in the appeal, the appellant withdrew the claim contesting denial of acceptance of the VA Form 9 received in February 2021. CONCLUSION OF LAW The criteria for withdrawal of the claim of whether acceptance of the Form 9 received in February 2021 as a substantive appeal to the SOC dated September 2019 was warranted have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. REASONS AND BASES FOR FINDING AND CONCLUSION The Appellant is the surviving spouse of a deceased veteran who served on active duty from June 1972 to November 1973. He died in May 2020. By way of background, the Appellant was sent correspondence dated February 2021 which explained that the Regional Office would not accept a VA Form 9 "Appeal to the Board of Veterans' Appeals" received February 3, 2021, as the time limit to continue the appeal passed. The correspondence explained that as the SOC was issued in September 2019, the appellant had until September 2020 to submit the substantive appeal and she failed to submit the appeal within this timeframe. The appellant appealed this decision in a VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement) received in March 2021. The Board notes that in October 2021, the appellant's representative submitted a motion to withdraw as the Appellant's counsel. See 38 C.F.R. § 19.35. In this regard, 38 C.F.R. § 20.6 (a)(2) (2019) (formerly 38 C.F.R. § 20.608(b)(2) (2018)) governs motions to withdraw as representative after certification to the Board and provides that a representative may not withdraw representation without good cause shown on motion, accompanied by a "signed statement certifying that a copy of the motion was sent by first-class mail, postage prepaid, to the appellant, setting forth the address to which a copy was mailed." See 38 C.F.R. § 20.6 (a)(2) (2019). Here, the representative indicated that continuation of representation was neither possible nor practical as the appellant wishes to withdraw the claims in the VA form 9 received in February 2021. See VA 21-4138 Statement in Support of Claim Received October 2021. Also submitted was a signed statement by the representative confirming that a copy of the withdrawal motion was sent by first-class mail to the appellant. As such, the Board finds that counsel has provided sufficient good cause for withdrawal pursuant to 38 C.F.R. § 20.6 (a)(2), and the motion is therefore granted. The issue of whether acceptance of the Form 9 received in February 2021 for the Statement of the Case dated September 2019 was warranted. 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. § 20.205. Withdrawal may be made by the appellant or by his or her authorized representative. Unless an appeal is withdrawn on the record at a hearing, appeal withdrawals must be in writing and must include the name of the veteran, the name of the claimant or appellant if other than the veteran, the applicable VA file number, and a statement that the appeal is withdrawn. 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. 38 C.F.R. § 20.205(b)(1). Until the appeal is transferred to the Board, an appeal withdrawal is effective when received by the AOJ. 38 C.F.R. § 20.205(b)(3). In the present case, in a VA Form 21-4138 Statement in Support of Claim received in October 2021, the appellant notified the Regional Office that she was withdrawing all of the claims in her Form 9 dated February 2, 2021 for the Statement of the Case dated September 12, 2019. The withdrawal of these claims is in writing and contains the Veteran's name, VA file number, and a statement indicating that the appellant wished to withdraw the claim on appeal in its entirety. 38 C.F.R. § 19.55 (b)(1). As the withdrawal relates to all of the claims in the February 2021 VA Form 9, which is the subject of the issue before the Board, the Board finds that the appellant has effectively withdrawn the claim of whether acceptance of the VA Form 9 dated February 2021 was warranted. Accordingly, the Board does not have jurisdiction to review the appeal of this matter and it is hereby dismissed. Tiffany Dawson Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Dorsey-Kwansa, Associate 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.