Citation Nr: 21007222
Decision Date: 02/09/21	Archive Date: 02/09/21

DOCKET NO. 19-18 755A
DATE: February 9, 2021

ORDER

The appeal for additional dependency compensation for J.R. is dismissed.

FINDING OF FACT

On July 19, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through his authorized representative, that a withdrawal of this appeal is requested.

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. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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.  38 C.F.R. § 19.55.  In the present case, the appellant, through his authorized representative, submitted a written statement in June 2019 signed by the Veteran in which he wished to withdraw the VA Form 9 dated July 18, 2019.  In addition to the Veteran’s appeal for an increased evaluation for posttraumatic stress disorder, the statement of the case that was the subject of that July 2019 substantive appeal also adjudicated the issue of additional dependency compensation for J.R.  Given this written withdrawal, there remain 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.

 

 

M. Tenner

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.