Citation Nr: 21005780 Decision Date: 02/02/21 Archive Date: 02/02/21 DOCKET NO. 20-03 168 DATE: February 2, 2021 ORDER Entitlement to the addition of the Veteran’s former spouse, M.H., as his dependent from May 2008 through August 2008, prior to their divorce, for additional VA disability compensation benefits, is dismissed. FINDING OF FACT In June 2020, August 2020, and January 2021, the agency of original jurisdiction (AOJ) received explicit and unambiguous notification from the Veteran that a withdrawal of his appeal was requested. CONCLUSION OF LAW The criteria for withdrawal of the appeal of the issue of entitlement to the addition of the Veteran’s prior spouse, M.H., as his dependent from May 2008 through August 2008 for additional VA disability compensation benefits, is met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran, who is the appellant, served on active duty from May 1966 to June 1970. This appeal to the Board of Veterans’ Appeals (Board) arose from a June 2018 notification letter issued by the Department of Veterans Affairs (VA) Regional Office (RO). At the outset, the Board notes that the RO has characterized the appeal as involving the effective date for removal of his former spouse, N.H., from his award, and failure to add his former spouse M.H. to his award in the November 2019 statement of the case. As this appeal originates from a June 2018 notification letter that denied entitlement to the addition of the Veteran’s prior spouse, M.H., as his dependent from May 2008 through August 2008, the Board has characterized this issue consistent with the decision and the Veteran’s June 2018 Notice of Disagreement, as reflected on the title page. Nonetheless, as explained below, the Veteran has requested withdrawal of the appeal in its entirety. Dismissal 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 An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204.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 appellant or by his authorized representative. Id. Unless an appeal is withdrawn on the record at a hearing, appeal withdrawals must be in writing and must include the name of the veteran, the name of the claimant or appellant if other than the veteran, the applicable VA file number, and a statement that the appeal is withdrawn. 38 C.F.R. § 20.204. Until the appeal is transferred to the Board, an appeal withdrawal is effective when received by the agency of original jurisdiction. 38 C.F.R. § 20.204(b)(3). In a June 2020 correspondence, the Veteran indicated that he filed his appeal on January 13, 2020 (VA Form 9, Appeal to the Board), and that after he filed the appeal, he had received a December 2019 letter from VA that granted a waiver of his overpayment. He explained that he did not receive the letter until after he filed his appeal to Washington, D.C., as VA letters usually take a month for him to receive. He thus indicated he no longer required an appeal. In a subsequent letter submitted by the Veteran on two occasions in August 2020, the Veteran, again, indicated that he no longer needed an appeal and that he had not received acknowledgement of the withdrawal of his appeal. In a January 2021 informal hearing presentation, the Veteran’s representative stated that the Veteran withdrew his appeal and thus requested a dismissal of his appeal involving the removal of a spouse and addition of another spouse, given that the Debt Management Center (DMC) granted the waiver of the overpayment. The representative further indicated that the withdrawal of the appeal obviated the need to schedule a hearing as a dismissal was requested. Here, the Veteran and his representative notified the AOJ (here, the RO) that he no longer wished to pursue his appeal because he was satisfied with a separate decision by the DMC that granted his waiver of the overpayment that was initially created due to the removal of a spouse and subsequent addition of a new spouse, and thus no longer required an appeal. The withdrawal is in writing and contains the Veteran’s name, VA claims file number, and a statement indicating that the Veteran wished to withdraw his appeal. The Veteran’s withdrawal is in compliance with 38 C.F.R. § 20.204(b)(1). When pending appeals are withdrawn, there is no longer an allegation of error of fact or law for appellate consideration. In such circumstances, dismissal of the appeal is appropriate. 38 U.S.C. § 7105(d)(5). The Board does not have jurisdiction to review this issue on appeal, and it is dismissed. A. P. SIMPSON Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Sarah Campbell, 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.