Citation Nr: 21006264
Decision Date: 02/03/21	Archive Date: 02/03/21

DOCKET NO. 17-44 184
DATE: February 3, 2021

ORDER

The issue of whether VA was correct to adjust VA pension based on a change in medical expenses is dismissed.

FINDING OF FACT

In November 2020, prior to the promulgation of a decision on the issue on appeal, the Veteran notified VA that he wished to withdraw his appeal.

CONCLUSION OF LAW

The criteria for withdrawal of the issue of whether VA was correct to adjust VA pension based on a change in medical expenses have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran honorably served on active duty in the United States Army from May 1966 to August 1967.  

This matter is before the Board of Veterans’ Appeal (Board) on appeal from a December 2016 notification letter issued by a Department of Veteran Affairs (VA) Regional Office (RO).

The record reflects that although the Veteran requested a Board hearing in his August 2017 substantive appeal (on VA Form 9), he withdrew his appeal before his requested hearing could be scheduled.  Therefore, his hearing request is deemed withdrawn.  See 38 C.F.R. § 20.704 (e).

Whether VA was correct to adjust VA pension based on a change in medical expenses.

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.  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  Withdrawal may be made by the appellant or by his authorized representative.  See 38 C.F.R. § 19.55.  Except for appeals withdrawn on the record at a hearing, withdrawal of an issue must be done in writing.  See 38 C.F.R. § 19.55.   

In the present case, the Veteran, in a November 2020 written correspondence, withdrew his appeal.  That document, which was sent directly to the Board, contained the name of the Veteran, his address, his signature, and a clear statement that he wished to withdraw “any and all appeals in [his] name.”  Given this fact, the Board finds that the Veteran’s statement meets the criteria to be deemed a valid withdrawal under the applicable regulation.

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Therefore, there remains no further allegations or questions of factual or legal error remaining for appellate consideration, and the Board has no further jurisdiction in the matter.  Consequently, the appeal is dismissed.

 

 

Evan M. Deichert

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Crawford, 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.