Citation Nr: 21007029
Decision Date: 02/08/21	Archive Date: 02/08/21

DOCKET NO. 20-13 406
DATE: February 8, 2021

ORDER

The appeal as to the claim of entitlement to apportionment of the Veteran’s VA compensation benefits has been withdrawn.

FINDING OF FACT

On November 6, 2020, prior to the promulgation of a decision in the appeal, the Appellant, through her attorney, submitted a written communication requesting withdrawal of her appeal with respect to the issue of entitlement to apportionment of the Veteran’s VA compensation benefits.

CONCLUSION OF LAW

The criteria for withdrawal of the appeal by the Appellant have been met with respect to the issue of entitlement to apportionment of the Veteran’s VA compensation benefits.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Marine Corps from October 1968 to July 1970.  During his period of service, he earned the National Defense Service Medal, Vietnam Service Medal, and Combat Action Ribbon.  The Veteran died in June 2017.  The Appellant is his surviving spouse.  

Withdrawal of Appeal

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Withdrawal may be made by the appellant or by his or her authorized representative.  Id.  

In the present case, the Appellant perfected her appeal of the October 2018 denial of entitlement to apportionment of the Veteran’s VA compensation benefits.  On November 6, 2020, the Appellant, through her attorney, submitted written correspondence indicating a request to withdraw her appeal with respect to the claim of entitlement to apportionment of the Veteran’s VA compensation benefits.  This withdrawal was effective immediately upon receipt by VA.  38 C.F.R. § 19.55 (2020).  

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Thus, the Board finds that there remain no allegations of errors of fact or law for appellate consideration at this time.  Accordingly, the Board does not have jurisdiction to review the appeal, and the Appellant’s claim of entitlement to apportionment of the Veteran’s VA compensation benefits is dismissed.

 

 

A. S. CARACCIOLO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Joseph, 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.