Citation Nr: A21020211
Decision Date: 12/17/21	Archive Date: 12/17/21

DOCKET NO. 200427-83398
DATE: December 17, 2021

ORDER

The appeal with respect to the issue of entitlement to an effective date prior to September 6, 2017 for the award of service connection for amyotrophic lateral sclerosis (ALS) is dismissed.

FINDING OF FACT

By correspondence dated in April 2021, the appellant's representative indicated that the appellant was withdrawing the present appeal.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant's authorized representative 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 in the United States Army from March 1966 to January 1968, to include service in Vietnam.  Unfortunately, he died in February 2018.  The appellant is his surviving spouse.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a February 2019 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO), with notice of the decision issued in May 2019.  The RO, in pertinent part, denied an effective date earlier than September 6, 2017 for the award of ALS for purposes of accrued benefits.  The appellant timely appealed to the Board in April 2020, selecting the Evidence Submission review option, which allowed her 90 days following the receipt of her notice of disagreement to submit additional evidence. 38 C.F.R. §§ 20.201, 20.202(b)(3).

Dismissal

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  See38 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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Only an appellant, or an appellant's authorized representative, may withdraw an appeal.  Id.

Appeal withdrawals must include the name of the veteran, the name of the claimant or appellant if other than the veteran (e.g., a veteran's survivor, a guardian, or a fiduciary appointed to receive VA benefits on an individual's behalf), the applicable VA file number, and a statement that the appeal is withdrawn.  If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal.  Id.

In the present case, a September 2017 rating decision established service connection for ALS, effective September 6, 2017.  In December 2017, the Veteran filed a claim requesting an earlier effective date for the award of service connection for ALS.  He died in February 2018, and the appellant filed a claim for accrued benefits that was received by VA that same month.  Thereafter, February 2018 and February 2019 rating decisions denied an effective date earlier than September 6, 2017 for the award of ALS, for purposes of accrued benefits, and this appeal followed.

In April 2021, prior to the promulgation of an appellate decision, VA received correspondence from the appellant's representative indicating that the appellant was withdrawing the issue on appeal.  The correspondence included the Veteran's name, her name, and the associated VA claims file number.  Under the circumstances, the Board finds that the requirements for a proper withdrawal have been satisfied.

As the appellant has withdrawn her appeal, there remain no allegations of error of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it must be dismissed.

 

 

DAVID A. BRENNINGMEYER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Ferguson, 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.