Citation Nr: 21006530
Decision Date: 02/04/21	Archive Date: 02/04/21

DOCKET NO. 13-36 248
DATE: February 4, 2021

ORDER

The appeal of entitlement to additional VA education benefits under Chapter 33 of the Post-9/11 GI Bill is dismissed.

FINDING OF FACT

On November 18, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the appellant are met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The appellant served on active duty from September 1988 to September 1991, July 1997 to February 1998, and November 1998 to April 2015.  

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.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.  38 C.F.R. § 20.205.  

In the present case, VA received a November 2020 letter from the appellant in which he requested “...to cancel the appeal regarding my educational benefits.”  He noted that the issue has been resolved.  Hence, the Board finds that the appellant has withdrawn this appeal and there remains no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

S. B. MAYS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	R. E. Jones, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.